STATE OF HIMACHAL PRADESH Vs. ONKAR CHAND

JUDGEMENT

(1.) THE State has challenged the judgment of acquittal passed by the learned trial Court in Case No. 62/2 of 2006, on 18.8.2010, for the offences punishable under Sections 279, and 304 -A of the Indian Penal Code and Section 187 of the Motor Vehicles Act.

(2.) BRIEFLY the prosecution case can be stated thus. On 19.6.2006, at about 7.45 a.m., PW5 Kumari Kiran was going to her School alongwith her younger sister Jyoti, aged about 5 years through shop of PW15 Vijay Kumar, abutting to the National Highway No. 88. When she was in the process of crossing the road, Bus bearing registration No. HP -23 -2536 being allegedly driven by the Respondent rashly and negligently, knocked her down. Jyoti died on the spot. Matter was reported to the police in terms of FIR No. 81 of 2006.

(3.) HEARD and gone through the evidence on record.