STATE OF H.P. Vs. RAVINDER

JUDGEMENT

(1.) The State has preferred the present appeal against the judgment dated 28.6.1997 passed by the learned Additional Chief Judicial Magistrate, Mandi whereby the respondent - accused (hereafter referred to as the accused) has been acquitted of the accusations under Sections 279,3371 and 338 IPC.

(2.) Case of the prosecution, in brief, is that on 13.12.1994, Meera Devi (PW -1) along with her daughter Disha Devi (PW -2) was returning to her house from her parents house and was waiting for a bus at Panarsa. In the meanwhile, a deity also came there. When they were paying obeisance to the deity, the accused who was driving Van No. HP 02 -3171 from Manali side, struck the said vehicle against PW -2. The accident occurred because of the rash and negligent driving of the said vehicle by the accused. PW -2 who sustained simple as well as grievous injuries was removed to a nearby hospital at Mangwarn and was then brought to hospital at Mandi in the van, of the accused. PW -2 was medically examined by Dr. L.D. Vaidya (PW -7) and her x -ray films were taken by Dr. Mrs. Jaya Vaidya (PW -6) in Zonal Hospital, Mandi. As per the MLC Ex.)PW -7/A issued by PW -7 as many as 7 injuries, one of which was grievous, were found on the person of PW -2. The occurrence was reported by PW -1 to ASI Tanjan (PW -10) of Police Station, Aut vide her statement Ex.PW -1/A on the basis of which formal FTR Ex.PW -9/A was registered at Police station Aut. On investigation, the investigating agency found that the accused had caused simple as well as grievous hurts to PW -2 by rashly and negligently driving the aforesaid vehicle, therefore, a charge sheet under Sections 279,337 and 338 IPC was submitted by officer incharge, Police Station, Aut against the accused to the concerned court.

(3.) The accusations under Sections 279, 337 and 338, IPC were put to the accused to which he pleaded not guilty. To prove the accusations, the prosecution examined as many as 10 witnesses.