STATE OF H P Vs. BALJIT SINGH

JUDGEMENT

(1.) The State has challenged the acquittal of the Respondent, recorded by the learned Additional Sessions Judge, in Cr.Appeal No. 11/2201 RBT No. 12/2004. on 14.10.2004, whereby the judgment of conviction and sentence passed by the learned Additional Chief Judicial Magistrate, for the offences punishable under Sections 279 and 337 of the Indian Penal Code was set-aside.

(2.) In short, the prosecution case can be stated thus. The Respondent was a driver of Punjab Roadways. On 26th August, 1999, he was driving Bus bearing registration No. PB-12C-9332, which was coming from the side of Chintpurni and going to Fazlika. Around 6 A.M. on the aforesaid day, it is alleged to have hit Tempo No. DL-2CB-2809 being driven by complainant Raj Kumar near Mubarakpur causing simple injuries to him and grievous injuries to other passengers of the Tempo.

(3.) Police was accordingly informed. PW11 ASI Avtar Singh took up the investigation, visited the spot and recorded the statement of the complainant Raj Kumar under Section 154 of the Code of Criminal Procedure, which culminated into FIR Ext.PW6/B. Police took the photographs of the vehicles in question on the spot and prepared site plan Ext.PW11/A. Injured were got medically examined and their MLCs were obtained by the police. During investigation, statements of the witnesses were also recorded under Section 161 of the Code of Criminal Procedure.