STATE OF HIMACHAL PRADESH Vs. JAWAHAR LAL JINDAL

JUDGEMENT

(1.) The Respondent was charge-sheeted, tried, convicted and sentenced by the learned trial Court for the offences punishable under Sections 279, 337, 338 and 201 of the Indian Penal Code and in Cr. Appeal No. 17-Cr.A/10 of 2006, filed by the convict, he was acquitted by the learned Sessions Judge, vide its detailed judgment passed on 19.8.2009, against which State has directed the present appeal.

(2.) I have heard the learned Counsel for the parties and have carefully reappraised the evidence on record.

(3.) In short the prosecution case is that on 13.7.2002 at about 5.30 p.m., complainant P.W. 1 Ram Saran was standing in front of his house and his son Ajay Kumar (7 years) was playing on the side of the road. In the meantime, a Car bearing registration No. HR-03C-9544 came from Paonta side in a high speed and hit Ajay Kumar causing grievous injuries to his right leg. The driver ran away from the spot. P.W. 1 informed police. Police reached the spot and recorded statement of P.W. 1 under Section 154 of the Code of Criminal Procedure, which culminated into FIR Ex. P.W. 4/A.