STATE OF H.P. Vs. BALBINDER SINGH

JUDGEMENT

(1.) THIS appeal has been directed against Judgment dated 14.5.2003 passed by Addl. Chief Judicial Magistrate, Dehra in Criminal Case No. 41 -1/2000, 96 -II/01 acquitting the respondent for offence punishable under Sections 279, 337 IPC read with Sections 177, 184, 192A, 196 and 181 of the Motor Vehicles Act, 1988.

(2.) THE facts in brief are that Medical Officer, Sub Divisional Hospital, Dehra telephonically informed the Police Station, Dehra that two persons namely PW 1 Ranjit Singh and PW 2 Sunil sustained injuries in a vehicle accident and they were brought to the hospital for treatment. On such information, the police came into action. The statement Ex. PW 1/A under Section 154 Cr.P.C. of PW 1 Ranjit Singh was recorded and thereafter FIR Ex. PW 5/C came to be registered at Police Station, Dehra. On completion of investigation, challan was presented, notice of accusation was put to respondent for offence punishable under Sections 279, 337 IPC read with Sections 177, 184, 192A, 196 and 181 of Motor Vehicle Act, 1988. The prosecution examined six witnesses and has also produced some documentary evidence. The statement of respondent was recorded under Section 313 Cr.P.C. The respondent did not lead any evidence in defence, even though his case is of denial. On conclusion of trial, the learned Addl. Chief Judicial Magistrate has acquitted the respondent, hence State has come in appeal.

(3.) PW 2 Sunil Kumar has stated that Ranjit Singh was going uphill on his side in normal speed. The truck came from opposite side in high speed on wrong side. The driver tried to save but hit the car in the centre, as a result of which he sustained injuries on his both knees. In cross -examination, he has stated that when the car driver was negotiating the curve truck came from the opposite side. The truck stopped there at the place of accident. The car is owned by his brother.