STATE OF HIMACHAL PRADESH Vs. TILAK RAJ MANKOTIA

JUDGEMENT

(1.) THE State is aggrieved by the judgment of the learned trial Court acquitting the respondent for offences under 279, 338 and 304-A I.P.C.

(2.) THE prosecution case in brief is that F.I.R. No. 44 of 2000 dated 29.5.2000 was registered by complainant Avtar Singh. The accused was charged on the basis of information having been given at Police Station, Kandaghat that an accident had occured near Dumhari. It was stated that the occupants of the car suffered injuries. On this, H.C.Sewa Singh , H.C. Ranjit Singh, Constable Devinder, LHC.Hakam Singh and LHC. Munna Lal were dispatched to the spot. At that time the complainant PW1 Avtar Singh stated that his statement was recorded under Section 154 Cr.P.C. The injured were rushed to the hospital out of whom one Jagdigh Kumar died at 7.10 P.M. The body of the deceased was sent to the District Hospital, Solan for post mortem. The accused was arrested on 22.7.2000.

(3.) I have heard learned counsel for the parties.