STATE OF HIMACHAL PRADESH Vs. KULDEEP SINGH

JUDGEMENT

(1.) HEARD and gone through the record. In short, the prosecution story can be stated thus. On 30.4.1997, PW1 Bachni Devi alongwith her sister -in -law PW2 Guddi Devi and Bimla Devi (deceased) had gone to Cooperative Society Depot at Baduhi. After having purchased the provisions from the Depot, they were on their way to their village walking on foot on the public highway. It is alleged that around 3.00 pm tractor No. HP38 -7803 loaded with sand and concrete crossed them. When it was uphill ahead of them, suddenly it reversed and crushed Bimla Devi and she died on the spot. Admittedly, the tractor in question was being driven by the respondent, but the prosecution alleged that he was rash and negligent in driving the said vehicle.

(2.) THE matter was reported to police. On arrival of the police, PW1 Bachni Devi got recorded her statement under Section 154 of the Code of Criminal Procedure, which culminated into FIR. Police took photographs of the place of accident and also prepared site plan. The tractor in question was taken in possession alongwith its documents vide memo Ext. PW4/A.

(3.) AFTER completing Challan, it was presented before the learned trial Court for the offences punishable under Sections 279 and 304 -A of the Indian Penal Code. The respondent was charge - sheeted, tried and acquitted on the ground that the brakes of the tractor in question suddenly fail which resulted in the said accident.