STATE OF HIMACHAL PRADESH Vs. SURINDER SINGH

JUDGEMENT

(1.) Challenging the judgment of reversal of conviction, passed by learned Additional Sessions Judge, Kangra, whereby he had acquitted the accused overturning the judgment of conviction passed by the trial Court, for offences punishable under Ss. 279, 304-A of the IPC for causing death by rash and negligent driving on a public way, the State has come up before this Court.

(2.) On 28/2/2000 at about 1:45 p.m., Police Post Ranital, received a telephonic information that near the Primary School at Darkata, one truck bearing registration No.HP-36-3049 which was coming from the side of Dehra and going towards Ranital, crushed a child and ran away. The name of the informant was Sat Parkash. After that, the police reached on the spot. On reaching the spot, Investigator got recorded the statement of informant, Bal Krishan (PW-4) under Sec. 154 Cr.PC (Ex.PW4/A).

(3.) The informant told the Investigator that on 28/2/2000 at about 1:30 p.m., he was standing at the shop of one Ashwani Kumar (PW-1). At that time, from the side of Dehra, a truck came which, was loaded with empty crates. At that time, the recess of Government Primary School was going to be over and one boy was walking towards the school. The truck was being driven in a very high speed and it crushed the child under its front tyre. The child expired on the spot. The driver of the vehicle ran away with the truck. The informant further stated that the child was walking on the side of the road and the truck crushed him by going on wrong side. Based on this information, the police registered the FIR mentioned above.