STATE OF HIMACHAL PRADESH Vs. MANOHAR LAL

JUDGEMENT

(1.) The acquittal of the respondent has been challenged by the appellant-State in the present appeal, for the offences punishable under Sections 279 and 304-A of the Indian Penal Code.

(2.) In short, the prosecution case is that on 6.5.2007, PW1 Ram Lal and his wife PW2 Lata Devi were accompanied by their child Ajay Kumar (deceased). Near the tree of "Chimu", on the roadside, they were waiting for the bus and eating allowed to Chimu fruit. In the meantime, the respondent came on his Scooter bearing registration No.HP-31-4873, is alleged to have hit Ajay Kumar on the roadside as a result of which he sustained injuries and was immediately removed to the hospital, where he died.

(3.) The matter was reported to the police by PW1, father of the child, which culminated into the present FIR. The investigation was conducted by PW8 ASI Surender Kumar. He visited the spot, prepared site plan Ext.PW8/A, took the Scooter in possession, the autopsy of the dead-body was performed, statement of the witnesses were recorded and finally the challan was presented in the Court for the trial of the respondent.