STATE OF HIMACHAL PRADESH Vs. AJAY KUMAR

JUDGEMENT

(1.) IN this appeal, the State has laid challenge to the acquittal of the respondent, hereinafter referred as "the accused", passed by the learned trial Court in Cr.Case No.60 -II of 1997, decided on 20.11.2004, for the offences punishable under Sections 279, 337, 338 and 304 -A of the Indian Penal Code.

(2.) IN short, the prosecution story can be stated thus. PW3 Rishi Mahajan is the General Power of Attorney of his wife owner of the alleged offending bus. In the month of March, 1997, the accused was its driver and was driving his bus bearing registration No.HP -40 -1644 on the public highway competing with other bus and while over taking a Government Jeep, rashly and negligently hit Rattani Devi, a passer -by who later died and over turned the bus, causing injuries to the bus passengers i.e. Ratto Devi, Kamlesh, Rekha and Punam. (ii).On having been informed about the accident, police reached the spot and recorded the statement of PW1 Mehar Chand. Rattani Devi, was serious, she was removed to hospital alongwith other injured persons, where they were attended upon by PW6 Dr. B.B. Katoch. He issued Medico Legal Certificates Exts. PW6/A to E. Later, Rattani Devi had died and PW4 Dr. D.P. Swami conducted her post -mortem. The Post -mortem Report is Ext.PW4/A. (iii) The police had prepared site plan Ext.PW9/A of the place of accident after taking photographs Exts.P1 to P4, thereafter accused was arrested and released on bail. He had produced the documents of vehicle vide memo Ext.PW2/A. PW5 Durga Dass Mechanic mechanically examined the bus in question and issued report Ext.PW5/A.

(3.) TO prove its case, prosecution relied upon the statements of PW1 Mehar Chand, PW2 Lakha Ram an eye witness and PW3 Rishi Mahajan. Other witnesses are PW4 Dr. D.P. Swami, PW5 Durga Dass Mechanic, PW6 Dr. B.B. Katoch and official witnesses PW7 ASI Bhagat Ram, PW8 HC Sita Devi and PW9 Dy.S.P., the then SHO Prem Singh.