STATE OF H.P. Vs. MANGA RAM

JUDGEMENT

(1.) LEAVE to appeal is sought in this appeal by the State against the acquittal of the respondent in Criminal case No. 24/2007 decided on 27.10.2009 by the learned trial Court under Section 279, 337 Indian Penal Code.

(2.) HEARD and gone through the file of the learned trial Court.

(3.) ADMITTEDLY , the respondent was not driving the vehicle on a public highway in a manner so rash or negligent as to endanger human life as such offence under Section 279 Indian Penal Code would not be attracted. In so far as Section 337 Indian Penal Code is concerned, for that prosecution is obliged to prove the rash or negligent act by the respondent, which was responsible for causing the said accident.