STATE OF HIMACHAL PRADESH Vs. JAGDISH SINGH

JUDGEMENT

(1.) Challenging the reversal of conviction by learned Sessions Judge for rash and negligent driving, the State has come up before this Court.

(2.) On 31/8/2003, at 11:30 p.m., Surender Kumar (PW-4) made a complaint to the investigating officer of Police Station Rampur Bushahr. The investigating officer recorded his complaint under Sec. 154 of Cr.P.C (Ex.PW-2/A). The complainant alleged that he is driver of bus No.HP12-4029. On 31/8/2003, he was driving the bus from Rampur Bushahr bus stand to Chandigarh. At 7.30 p.m., when he was 200 mtrs behind Nirsu, then a tanker bearing No. HP07-5877 came from wrong side and hit his bus. Due to the impact of accident, emergency door of the bus was damaged. The tanker stopped after some gap, but later on its driver drove it towards Rampur. Based on this information, police registered the FIR, Ex.PW-2/B, captioned above. During the course of investigation, the investigator prepared site plans, Ex.PW-2/C and Ex.PW-2/D, and conducted other investigations.

(3.) After completion of the investigation, officer-in-charge of the police station launched prosecution against the respondent.