STATE OF HIMACHAL PRADESH Vs. TARSEM CHAND

JUDGEMENT

(1.) By way of instant appeal filed under S. 378 CrPC, challenge has been laid to judgment of acquittal dtd. 1/12/2009 recorded by learned Chief Judicial Magistrate, Una, district Una, Himachal Pradesh in Criminal Case No. 89-II-2003 whereby learned court below held respondent- accused (hereinafter, 'accused'), not guilty of having committed offence punishable under Ss.279 and 337 IPC.

(2.) In nutshell, case of prosecution is that on 26/2/2003, while the persons namely Gurpreet Singh, Pawan Kumar, Ranjeet Singh and Praveen Kumar were coming from Mehatpur towards Una in a Maruti car bearing registration No. DL-4CA-4575 being driven by Praveen Kumar, at 12.30 am, near Government College Una, a Tata Sumo bearing registration No. HP-20A-8400, being driven by accused Tarsem Chand, came in high speed and struck against the car being driven by Praveen Kumar, as a result of which occupants of car, suffered multiple injuries. After having received information police reached the spot and took into possession both the vehicles as detailed herein above, alongwith documents. Though all the occupants of the car were taken to hospital but unfortunately one occupant, Ranjeet Singh died whereas, others suffered simple and grievous injuries. After completion of investigation, police presented Challan in competent court of law for commission of offences under Ss. 279, 337, 338 and 304A IPC.

(3.) Learned court below having found prima facie case against the accused, put to him notice of accusation under Ss. 279, 337, 338 and 304A IPC, to which he pleaded not guilty and claimed trial.