STATE OF HP Vs. SANJAY KUMAR

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 21.2.2003, accused was put to trial. In terms of judgment dated 22.10.2003 passed by learned Judicial Magistrate Ist Class(I), Dharamshala, in Crl. Case No.23-II of 2003, titled as State of H.P. vs. Sanjay Kumar, the accused stands acquitted of the charged offence.

(2.) It is the case of the prosecution that on 21.2.2003 at about 6.45 p.m., accused Sanjay Kumar was driving vehicle bearing No. HP-02-5879 on a public highway at a place known as Rehlu. The said vehicle was allegedly being driven in a rash and negligent manner as a result of which the vehicle hit the complainant Smt. Sonal Nag (PW-2). Due to the accident she suffered simple injuries. PW-2 was taken to the hospital by Smt. Veena Devi (PW-3) and Sh. Varinder Singh (PW-4) for medical treatment where her statement (Ext.PW-2/A) was recorded by the police. Rukka was prepared and sent from the hospital on the basis of which F.I.R. dated 21.2.2003 (Ext.PW-7/A) under Sections 279, 337 IPC and 184 of the Motor Vehicle Act was registered with Police Station, Shahpur. The complainant was got medically examined by Dr. Mohan Chaudhary (PW-1) and her MLC (Ext.PW-1/A) was obtained by the police.

(3.) With the completion of the investigation the challan was presented in the Court for trial. Notice of accusation was issued to the accused for having committed the offences punishable under Sections 279, 337 IPC and 184 of the Motor Vehicle Act to which the accused did not plead guilty and claimed trial. In order to prove its case the prosecution examined 11 witnesses and the statement of the accused under Section 313 Cr.PC was also recorded. The Court below acquitted the accused of the charged offences. Hence the present appeal.