STATE OF HP Vs. TOTAL RAM

JUDGEMENT

(1.) This appeal has been filed by the State of H.P. against the judgment of the Court of learned Chief Judicial Magistrate, Sirmaur District at Nahan dated 14.10.2003 vide which the respondents were acquitted of the notice of accusation put up to them for offences punishable under Section 279, 304-A and 201 IPC.

(2.) Briefly stated, the facts of the case are that on receipt of information regarding an accident, the police officer went to the spot on 14.11.2000 at about 3.45 P.M. and recorded the statement of one Ram Singh under Section 154 Cr.P.C. He had alleged that at about 2.00 P.M. he along with his wife had come back from Dadahu in a private vehicle and got down at Dhanoi Pul. He alleged that one bus HP-17A-9187 came from Dadahu side and the passengers got down from the said bus. One of the passengers who got down from the bus was carrying luggage on his back and suddenly the bus driver reversed the vehicle and the rear side of the vehicle hit the said person who fell in the Khud. He along with his wife Tara Devi raised an alarm but the bus driver Whether the reporters of Local Papers may be allowed to see the Judgment? Yes alongwith the conductor of the bus drove the bus towards Dadahu side. The said person was taken out of the Khad whose name was learnt as Suiya Ram, who suffered injuries and had died. It was alleged that the accident took place due to rash or negligent driving of the driver and the negligence of the Conductor also. On this report, a case was registered and after investigation, challan was filed as against the respondents who were tried by the learned trial Court and on conclusion of the trial, both the respondents were acquitted of the charge of accusation put up to them for the Sections detailed above.

(3.) I have heard the learned counsel for the parties and have gone through the record.