STATE OF HIMACHAL PRADESH Vs. RANBIR SINGH SON OF SH. MOHINDER SINGH, RESIDENT OF VILLAGE KHAROTI, P.O. HARIPUR DHAR, TEHSIL SANGRAH, DISTT. SIRMOUR, H.P.

JUDGEMENT

(1.) THE State challenges the judgment of acquittal passed by the learned Chief Judicial Magistrate acquitting the respondent for offences under Sections 279 of the Indian Penal Code and 185 of the Motor Vehicles Act. The case of the prosecution is that on 1.4.2004 at about 10.45 p.m., the accused was driving his Maruti Van bearing No. HP -08 -A -0104 on the Mall Road near Mall View Restaurant, Nahan. The case proceeds that the vehicle was being driven in a rash and negligent manner which resulted in collusion with another Maruti Van No. HP -14 -7776 which was coming from the opposite side. On this information, PW5 H.C. Om Parkash, Police Post, Gunughat went to the spot and recorded the statement of PW2 Jakir Hussain on the basis of which F.I.R. Ext.PW5/A was recorded and investigation followed thereafter. In order to prove its case, the prosecution examined five witnesses in all. After consideration of the evidence, the learned trial Court finds that the essential ingredients of the offences of which the respondent has been charged were not proved.

(2.) LEARNED Advocate General urges that the learned trial Court was wrong in assessing the evidence of the prosecution and that on the facts as proved on the record, there could be no other conclusion save and except that the accused was guilty of the offences as charged. He refers to the evidence of PW1 Arvind Kumar and PW2 Jakir Hussain complainant, who corroborated the facts stated in the First Information Report (F.I.R.)that because of the fault of the accused, the accident occurred as he (accused) was under the influence of alcohol at the time when the accident occurred. PW1 Arvind Kumar denied that the Maruti Van was being driven at a fast speed and that the vehicle was taken to the wrong side of the road. PW5 H.C. Om Parkash, Investigating Officer proves the site of the accident.