STATE OF HIMACHAL PRADESH Vs. HEM CHAND

JUDGEMENT

(1.) By way of instant appeal, State has assailed the judgment of acquittal dtd. 8/9/2009, passed by learned Judicial Magistrate 1st Class, Arki, Tehsil Arki, Distt. Solan, H.P. in Criminal Case No. 64/2 of 2005.

(2.) Respondent was prosecuted for offences under Ss. 279, 337, 338 and 304-A of Indian Penal Code. Allegations against the respondent were that on 21/1/2005, while driving Bus No.HP-07-5099, he acted so rashly and negligently that he lost control over the same causing bus to roll down in deep gorge resulting into injuries to many occupants of the bus and death to four of them. It was specifically alleged against the respondent that he continued to drive the vehicle despite the fact that the lights of the bus were not working due to snag.

(3.) Respondent denied the charge and claimed trial. Prosecution examined total twenty six witnesses. Respondent was examined under Sec. 313 of Cr.P.C. Respondent did not lead any defence evidence. Learned Trial Court after appreciating the prosecution evidence, acquitted the respondent, vide impugned judgement.