STATE OF HIMACHAL PRADESH Vs. RAVINDER KUMAR

JUDGEMENT

(1.) The State has challenged acquittal of the accused-respondent by means of the present appeal for the offences punishable under Section 279 and 337 of the Indian Penal Code.

(2.) The perusal of the record shows that Notice of Accusation was put to the accused for the aforesaid offences as well as under Section 304-A of the Indian Penal Code and under Section 181 of the Motor Vehicle Act.

(3.) The learned trial Court appears to have lost sight of the accusation under Section 304-A of the Indian Penal Code, in the entire judgment there is no focus/discussion with respect to this offence. Also, there is no clear-cut finding that the offences punishable under Sections 279 & 337 of the Indian Penal Code, stood proved or not. The acquittal was recorded in a slip-shod manner, except for convicting him under Section 181 of the Motor Vehicle Act, whereby he was sentenced to pay a fine of Rs. 500/- with a default clause.