STATE OF HIMACHAL PRADESH Vs. KAMALDEV SINGH

JUDGEMENT

(1.) CHALLENGE in the present appeal is to the judgment of acquittal passed by the learned trial Court in Criminal Case No. 54 -I -03/57 -II -03 dated 30.6.2004, under Sections 279, 337 and 304 -A of the Indian Penal Code.

(2.) SUCCINCTLY , facts giving rise to the present appeal can be stated thus. On 3.9.2002, at about 6.00 p.m., the Respondent was driving scooter No. HP -19 -7773 allegedly in a rash and negligent manner and struck against one Shri Raj Kumar, a pedestrian, who fell down and received the injuries and died in the hospital. PW1 Pritam Chand made the statement to the police under Section 154 of the Code of Criminal Procedure Ext.PW1/A, which culminated into FIR Ext.PW6/B, under the aforesaid Sections.

(3.) HEARD and gone through the record.