STATE OF H.P. Vs. PARKASH CHAND

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 13.12.2002 passed by the learned Chief Judicial Magistrate, Kinnaur in criminal case No. 43 -2 of 2000 whereby he acquitted the accused of having committed an offence punishable under Sections 279 and 304A of the Indian Penal Code.

(2.) BRIEFLY stated the facts of the case are that on 11.5.2000 Smt. Parvati (deceased) alongwith PW/2 P. Mohini had gone to Nugalsari market for purchasing some household articles. When they were returning from the bazaar and had walked for hardly 100 metres from the market, a truck No. HP -06 -2402 came from Sholding side in a high speed and struck against Smt. Parvati, as a result of which, she fell down and died at the spot itself. The truck stopped about 40 -50 feet ahead. Smt. P. Mohini, PW/2 raised a hue and cry and some people gathered there. During the investigation, it was found that it was the accused who was driving the truck in question. Hence a challan was filed against the accused and the accused was summoned. He was charged for having committed the aforesaid offence. The accused pleaded not guilty and claimed trial. After trial, the accused has been acquitted. Hence the present appeal.

(3.) EVEN in the Court, she deposed with the help of her husband. There is no material on record to show as to what help was taken by the police while recording the statement of this witness under Section 154, Cr.P.C. Once this witness admittedly did not know Hindi, it was the duty of the police to have ensured that either her husband or some other person knowing her native language was called and with their help, her statement under Section 154, Cr.PC should have been recorded.