STATE OF HIMACHAL PRADESH Vs. SHANKAR SINGH

JUDGEMENT

(1.) Instant appeal has been preferred by the State of Himachal Pradesh against judgment dated 07.11.2008, passed by learned Judicial Magistrate 1st Class, Court No.3, Shimla, H.P., in Cr. Case No.2/2 of 2007, titled as State vs. Shankar Singh, whereby respondent-accused has been acquitted of notice of accusation under Section 279 of the Indian Penal Code (in short 'IPC') and Section 185 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V. Act'), in case FIR No. 233 of 2006, dated 25.11.2006, registered in Police Station West Shimla.

(2.) Prosecution case in nutshell is that on 25.11.2006, at about 7.30 p.m. respondent-accused had caused accident by driving truck Mazda bearing registration No.HP-63-1120 in rash and negligent manner, on the public way, near Victory Tunnel and had hit the railing and pedestrian path. It is further case of the prosecution that at that time respondent-accused was under influence of alcohol.

(3.) As per prosecution case, respondent-accused was apprehended on the spot by PW-3 Ankur Kanwar and PW.4 Paras and was handed over to the police in presence of number of persons, who had gathered on the spot.