STATE OF HIMACHAL PRADESH Vs. PAWAN KUMAR

JUDGEMENT

(1.) The present appeal has been maintained by the appellant/State of Himachal Pradesh, laying challenge to judgment dtd. 31/1/2008, passed by learned Judicial Magistrate 1st Class (4) Shimla, District Shimla, H.P., in Criminal Case No. 30/2 of 2005/04, whereby the respondent/accused (hereinafter referred to as "the accused") was acquitted for the offences punishable under Ss. 279, 337 and 304­A of the Indian Penal Code (hereinafter referred to as "IPC").

(2.) Briefly stated the facts giving rise to the present case are that on 1/9/2004, HC Jaswant Singh alongwith HC Baldev Singh went to lift, Shimla, where one accident was reported and recorded the statement of the complainant. The complainant in his statement has stated that he is posted in traffic staff and his duty is at lift point. On 1/9/2004 at about 10:45 A.M., he was near police Gumti at lift, Shimla in connection with his personal work, where one HRTC bus bearing sign board "Khatnol­Shimla" had stopped and passengers started deboarding the bus. The driver had parked the bus on one side. When driver started the bus, one person aged about 35­40 years, had come under the rear tyre of the bus and when he went closer, he found that both the rear tyres of bus, bearing No. HP­07­3261 had crossed over the legs and abdomen of the injured. Thereafter, the injured was shifted to IGMC, Shimla in a taxi. As per the complainant, the accident was a result of fault on the part of the driver. The statement after endorsement was sent to the police station, on the basis of which, FIR No. 269/04 was registered. Police prepared the site plan and the bus No. HP­07­3261 was taken into possession. The injured Jeet Ram was medically examined at IGMC Shimla and his MLC was procured. However, later on he succumbed to the injuries at IGMC, Shimla. After completion of investigation, police presented challan in the learned Trial Court.

(3.) The prosecution, in order to prove its case, examined as many as twenty witnesses. Statement of the accused was recorded under Sec. 313 Cr.P.C., wherein he pleaded not guilty. However, the accused did not lead any evidence in his defence.