STATE OF H. P. Vs. KULDEEP CHAND

JUDGEMENT

(1.) Accused Kuldeep Chand, became charged for the commission of offences punishable under Sections 279, 337, and, under Section 338 of the IPC, upon, Criminal Case No. 8-1 of 2007/64- II of 2007. The Chief Judicial Magistrate, Hamirpur made an order of acquittal with respect to the afore drawn charges against the accused.

(2.) The State of Himachal Pradesh becomes aggrieved from the afore verdict of acquittal pronounced by the learned Chief Judicial Magistrate concerned, and, for casting an onslaught thereto, it has preferred the extant appeal before this Court.

(3.) Briefly stated the facts of the case are that on 10.09.2006 at about 7.30 a.m., PW-1 Dilbag was coming out of the bus-stand. A bus bearing registration No. HP 38A-3708 came with the high speed and hit Dilbag Singh. Dilbag Singh fell down and his legs were crushed under the tyre of bus. This incident was witnessed by Karam Singh, PW-2. The accident had taken place due to high speed and negligence of the accused. The injured was taken to hospital. An intimation was given to police on which an entry in the daily diary was recorded. HC Parkash PW-11, went to the hospital for verification and, recorded the statement of Dilbag Singh, on basis of which FIR was registered in the police station concerned. Medical examination of Dilbag Singh was conducted by Dr. K.S. Dogra PW-3, who found injuries on his person. X-rays were advised and after going through ex-rays, PW-5, Dr. P.K. Soni found that there was a fracture of right femur middle 1/3rd and fibula of left leg in the part exrayed. He issued report Exd.PW5/B. Nature of injury was stated to be grievous by Dr. K.S. Dogra after going through the report. This injury could have been caused in a motor vehicle accident. MLC Ex.PW3/A was issued. Investigation were conducted by PW-11. H.C. Shiv Parkash, who prepared the site plan Ex.PW11/A. Bus bearing registration No. HP-38A-3708 was seized along with the documents. Mechanical examination of the bus was conducted by PW-4 Manohar Singh, who found that there was no mechanical defect in the vehicle. Photographs of the spot were also taken but these could not be developed due to technical defect. Statements of the witnesses were recorded as per their versions.