STATE OF HIMACHAL PRADESH Vs. GAURAV KUMAR

JUDGEMENT

(1.) THE instant petition has been moved for seeking leave to appeal against the acquittal of the respondent passed by the learned trial Court in Criminal Case No. 81 -II/2009 dated 29th April, 2010 for the offences punishable under Sections 279 and 336 of the Indian Penal Code.

(2.) IT is alleged that on 25th April, 2009 at about 1.00 a.m., a pick -up tralla bearing registration No. HP -68 -2093 came in a high speed from Dharamshala side and hit Santro Car bearing registration No. HP -39A -9618 and then collided with shutters of shops and then hit scooty No. HP -39A -6332. Immediately after the accident the driver fled away from the scene of alleged occurrence. The owner of Santro Car PW -1 Raj Kumar reported the matter to the police. His statement under Section 154 of the Code of Criminal Procedure was recorded. The police took the photographs, prepared the site plan and took into possession the alleged offending vehicle, which was owned by PW -5 Rajesh Rana.

(3.) DURING trial of the case, prosecution examined as much as six witnesses. PW -2 Saroop Chand the alleged eye witness has turned hostile and did not support the case of the prosecution. He could not identify the respondent.