STATE OF HIMACHAL PRADESH Vs. VINOD KUMAR

JUDGEMENT

(1.) THE respondent hereinafter to be referred as "the accused" was convicted by the learned trial Court for the offences punishable under Sections 279 and 337 of the Indian Penal Code and sentenced to undergo simple imprisonment for a period of three months and Whether reporters of the Local papers are allowed to see the judgment? fine of Rs. 1,000/- under Section 279 of the Indian Penal Code and simple imprisonment for three months and fine of Rs. 500/- with default clause under Section 337 of the Indian Penal Code, which on appeal, was set-aside by the learned Sessions Judge vide his detailed judgment passed on 18.11.2004. Consequently, the accused was acquitted. Now the acquittal of the accused has been assailed by the State in the present appeal.

(2.) PRECISELY, the facts giving rise to this appeal can be stated thus. On 11.11.1997, around 6 p.m., PW1 Rajesh Singh alongwith his brother PW2 Bhagwan Singh pillion rider on a Bicycle was going on the left side of the road. When they reached near the brick Kiln of Shri Lajja Ram at Kirpalpur, a Tempo truck allegedly being driven by the accused hit the bicycle, resulting into injuries to the cyclist and its pillion rider and damaged the bicycle. Rajesh Singh aforesaid became unconscious and was immediately removed to the Jain Hospital, Nalagarh. Police was informed and the hospital. After getting the fitness certificate of the Rajesh Singh, the police got recorded his statement under Section 154 of the Code of Criminal Procedure Ext.PW1/A.

(3.) TO prove its case, prosecution examined its witnesses and the accused was also examined under Section 313 of the Code of Criminal Procedure. He took up the stand that on 11.11.1007, he was not driving the vehicle in question and also denied the other circumstances, which were put to him, however, he did not lead any evidence in defence.