(1.) The accused faced charges for commission of offences constituted under Ss. 279, 337, 338 of the IPC, and, under Sec. 181 and 185 of the Motor Vehicles Act. Upon, the afore drawn charges, the learned trial Court through its verdict made on 11/8/2010, upon, Cr. Case No. 127/I-07 made an order of acquittal upon the accused.
(2.) The State of Himachal Pradesh becomes aggrieved from the order of acquittal (supra) and, hence has reared the extant appeal before this Court.
(3.) Brief facts, necessary for the disposal of the present criminal appeal are that on 27/6/2007 at about 6 p.m. at place near Godni Sidh Mandir Chobu, while complainant Ganga Devi was going from her house to depot along with her son Sagar and when they reached near Godni Sidh Mandir, Chobu, in the meantime one vehicle came from the Chadhiar side from the back which was being driven in high speed and in a negligent manner, struck against son of the complainant, due to which he fell down and sustained injury. Further injured Sagar was taken to the hospital in the same vehicle which had struck him. The said vehicle was bearing registration No. DL3CAP1824 and driver revealed his name Yash Paul Singh son of Mahavir Singh. The accident allegedly occurred due to rash and negligent driving of accused Yash Paul. The intimation of the occurrence was given by Medical Officer, SDH Baijnath to the police. In pursuance to which, DDR Ex.PW11/A was recorded and H.C. Puni Chand along with other police officials went to the hospital where statement of complainant, borne inEx.PW1/A was recorded and on the basis of said statement formal FIR Ex.PW9/A was registered in the police station concerned. The investigation was intiated and during the course of investigation, medical examination of injured Sagar was got conducted and MLC along with case summary of injured were obtained. It was also revealed during the course of investigation that accused Yash Paul consumed alcohol when he caused accident, as such his medical examination was also conducted and MLC was obtained. Further, the investigating officer prepared the site plan and documents of the vehicle were also taken into possession. After completion of all codal formalities, challan was presented in the trial Court against the accused.