STATE OF HIMACHAL PRADESH Vs. KULJEET SINGH SON OF SHRI MILAP CHAND, RESIDENT OF VILLAGE BAHI, TEHSIL BAIJNATH, DISTRICT KANGRA, H.P.

JUDGEMENT

(1.) STATE has come up in appeal against the judgment of acquittal passed in Criminal Appeal No. 22 -B/2008 by the learned trial Court on 29.3.2012, for the offences punishable under Sections 279 and 304 -A Indian Penal Code. It is alleged that on 16.10.2006, respondent herein was driving tractor in question which caused accident wherein Sarwan Kumar, who was seriously injured and removed to PGI, Chandigarh succumbed to the injuries.

(2.) PERUSAL of the record reveals that PW4 Milap Singh owner of the tractor subsequently examined on 1.1.2008 admitted that on the day of the alleged incident, his son was driving the said vehicle. Even to question No. 3 under Section 313 of the code of Criminal Procedure this fact stands admitted by the accused. However, PW1 Anju Bala, who is the maker of FIR did not support the prosecution case as such was declared hostile. PW2 Sunil Kumar, happened to be the witness of the incident also stated that he was informed by PW3 Kuldip Singh about the accident whereas Kuldip Singh too did not support the prosecution case. According to him, he heard the sound of thud when the tractor had struck against the tree on the left side of the road. He even expressed his ignorance about the manner the accident had taken place.