STATE OF H P Vs. AMAR NATH

JUDGEMENT

(1.) Heard learned counsel. This appeal is directed against the judgment dated 8-5-1997 passed by Judicial Magistrate, Ist Class, Bilaspur, in case No. 33/2 of 1995. By means of impugned judgment respondent was acquitted of the offences under Sections 279/337 of the I. P. C., hence this appeal against acquittal.

(2.) In the instant case accident is admitted, spot as it existed and shown in the photographs is also admitted by the respondent. Similarly MLCs of injured driver PW-8 as well as Krishnu Ram being Exs. PA and PB have also been admitted. Admitted photographs are there on the record.

(3.) Prosecution case as made out from the record is that Charan Singh PW-8 (hereinafter referred to as the complainant) was driving Maruti Van bearing registration No. HPY-814. On 5-10-1992 he was plying this van from Bilaspur to Jawalji along with passengers. According to him passengers were Constable Ramesh Kumar and one Krishnu Ram. When it was at Dalli on way from Ghagas to Ghumarwin, a truck bearing registration No. HP-23-1547 was coming from opposite direction at a fast speed and struck on the driver"s side of the Van and stopped 30-40 feet ahead. This resulted in causing injury to Krishnu Ram as well as to PW-8. Both of them were sent for treatment to District Hospital, Bilaspur. Statement of complainant was recorded vide Ex. PW-4/A under Section 154, Cr. P. C. This resulted in lodging of FIR Ex. PW-4/B. After registration of the case, spot was inspected and spot map Ex. PW-7/A was prepared by the Investigating Officer. Broken class pieces of Maruti Van HPY-814 were taken into possession from the spot vide Ex. PW-7/B. Police got the Van mechanically examined from PW-1 Rajinder Kumar, mechanic of Beri. He gave his report Ex. PW-1/A. According to him steering system, clutch system and brake system were in order. He opined that accident was the result of brake of the truck being not in order. Krishnu Ram died subsequently. There is no evidence on record to suggest that the death was directly attributable to the accident in question.