STATE OF HIMACHAL PRADESH Vs. SUNIL KUMAR SON OF SH. BHURI SINGH, CASTE RAJPUT, RESIDENT OF VILLAGE BAJAHAR, POLICE STATION SUJANPUR, TAPPA JANGAL, RAJGIR, TEHSIL SUJANPUR, DISTRICT HAMIRPUR, H.P.

JUDGEMENT

(1.) STATE has appealed against the judgment, dated 15.2.2005, of learned Judicial Magistrate, 1st Class, Court No. 2, Hamirpur, whereby respondent Sunil Kumar, who was charged with and tried for offences, under Sections 279, 337, 338 and 304A IPC, has been acquitted.

(2.) Case was registered against the respondent on the basis of statement Ext. PW7/A of PW -7 Inderjit Singh, recorded, under Section 154 Cr. P.C. As per the said statement Ext. PW7/A, on 3.2.2002, when PW -7 Inderjit Singh was driving his Taxi, bearing registration No. PB -10K -9849, near village Sachuhi in Hamirpur District with PW -3 Kuldeep Singh and his brother, deceased Ashok Kumar, Tractor No. HMT -3522 appeared at a fast speed from the opposite direction and hit the taxi as a result of which it rolled down the road and fell about 150 -200 feet deep, due to which Ashok Kumar died on the spot and Kuldeep Singh and the maker of the statement received injuries.

(3.) POLICE investigated the case. The Van and the tractor were got mechanically examined. Postmortem of the dead body of deceased Ashok Kumar was got conducted and injured PW -3 Kuldeep Singh and PW -7 Inderjit Singh were got medically examined. On completion of investigation, report under Section 173 Cr. P.C. was filed.