STATE OF HIMACHAL PRADESH Vs. PAWAN KUMAR

JUDGEMENT

(1.) THE State has challenged the acquittal of the respondents passed by the learned trial Court in criminal case No. 4/2 of 2002 for the offences punishable under Sections 279 and 337 Indian Penal Code. Heard and gone through the record.

(2.) FROM the evidence, it transpires that on 27.5.2002 accused Pawan Kumar was driving bus No. HP -17 -5786 and the co -accused Vimal Kumar was the driver of truck No. HRX -5918. The bus was going from Nahan to Kala -Amb and the truck was coming from the opposite side. It is alleged that drivers of both the vehicles were driving their respective vehicles rashly and negligently. Around 12.30 p.m. when it reached near 'Dosarka' between Kala -Amb and Nahan, the sides of both the vehicles come in contact resulting into simple injuries to bus driver Pawan Kumar.

(3.) AFTER completing investigation, police presented the challan against the respondents for their trial. At the end of the trial, they were acquitted on the ground that the photographs were not admissible in evidence and there was no other clinching evidence to conclude rash or negligent driving by either of them.