STATE OF H P Vs. SIMANT JASWAL

JUDGEMENT

(1.) The accused became charged for commission of offences punishable under Sections 279, 337, and, under Section 338 of the IPC. The learned trial Magistrate, through its verdict made on 19.03.2008, upon, Case No. 105/2 of 2005/2002, recorded an order of acquittal, vis-a-vis, the aforestated charges, as became drawn against the accused.

(2.) The State of Himachal Pradesh, becomes aggrieved from the afore made verdict of acquittal. Consequently, for constituting an onslaught thereon, it has cast the extant appeal before this Court.

(3.) Briefly stated the facts of the prosecution case are that on 1.3.2002, complainant Kaudu Ram recorded his statement under Section 154 of the Cr.P.C., before the Police, to the effect that on 1.3.2002 at about 11.15 a.m, he was standing near the road at Baddu village along with other people. At that time a scooter driven by the accused, bearing No. HP-23- 3012 came from Ghumarwin side. It was being driven by the accused in a rash and negligent manner, and, resultantly it struck against the complainant, owing to which he sustained injuries on his person. The complainant was taken to CHC, Ghumarwin. On the basis of the statement of the complainant, an FIR was lodged at the police station concerned, and, thereafter the investigation formalities were completed.