STATE OF HIMACHAL PRADESH Vs. JITENDER KUMAR

JUDGEMENT

(1.) THE learned trial Court acquitted the Respondent for the offence punishable under Sections 379, 337 and 304 -A of the Indian Penal Code, registered in terms of FIR No. 137/1997, in Police Station Balh, on the ground that the accident in question had taken place while the deceased alongwith her cow was crossing the road and not as alleged by the prosecution, thus the defence version stands probabilized .

(2.) SHRI A.K. Bansal, learned Additional Advocate General for the State, forcefully argued that the factum of striking the Van firstly with the cow, thereafter with the deceased stands proved, which gives a rise to conclude the rash and negligent driving of the Van in question by the Respondent.

(3.) THE above version apart, PW2 Ramesh Chand has probabilized the defence. He admitted that the Van was at its own side and in a normal speed. Deceased alongwith cow suddenly crossed the road and darted against the Van. The Van hit cow and the driver lost control. He also stated that the accident did not take place, due to the fault of the Respondent.