LAWS(HPH)-2021-8-102

STATE OF HIMACHAL PRADESH Vs. KRISHAN SINGH

Decided On August 24, 2021
STATE OF HIMACHAL PRADESH Appellant
V/S
Krishan Singh Respondents

JUDGEMENT

(1.) Challenging the acquittal of the accused, the State has come up before this Court by filing the above captioned criminal appeal.

(2.) On 30/10/2005 at 10:15 p.m., Gagan Sethi (PW-1) informed Police Station, Sadar that near Murari Market, an accident had taken place. The said factum was entered into the Daily Diary Register, extract of which is Ex.PW5/A. Based upon this information, the Investigator conducted an inquiry and recorded the statement of Gagan Sethi under Sec. 154 Cr.PC (Ex.PW1/B). In this statement, the complainant stated that on 30/10/2005, he, along with his family members, had gone to a temple in Murari Market in their Maruti car. After parking their car on the side of the road, they had gone to pay obeisance in the said temple. The moment he came out of the temple, one Swaraj Majda hit his car, and with the impact, his car further hit one Santro car. The driver of Swaraj Majda drove away his truck. After that, he chased the said truck on the scooter of one Arun Kumar (PW-2). After around 1 kilometer ahead, he was able to catch the vehicle. The accused was driving the same, and he was under intoxication. Based on this information, the Police registered the FIR captioned above. The Investigator took photographs and also prepared the site plan.

(3.) Vide order dtd. 27/9/2006, the learned Chief Judicial Magistrate, Solan, put notice of accusation against the accused for the commission of offences punishable under Sec. 279 IPC and Ss. 184, 185 and 187 of the M.V. Act. The accused did not plead guilty and claimed trial.