STATE OF HIMACHAL PRADESH Vs. JIA LAL

JUDGEMENT

(1.) Aggrieved by the judgment dtd. 16/2/2010, passed by learned Sub Divisional Judicial Magistrate, Rampur, District Shimla in case No. 195-2 of 2007, whereby the accused/respondent stood acquitted, the appellant-State has filed the instant appeal.

(2.) As per the prosecution case, on 16/7/2007, the respondent/accused was found to be driving vehicle bearing registration No. HP-01A-3573 in a rash and negligent manner. He lost control over the vehicle as a result of which the vehicle rolled down approximately 15 feet, resulting in simple injuries on the person of the respondent. The matter was reported to the Police and on the basis of investigation carried out, it was opined that the respondent/accused was driving the vehicle in a rash and negligent manner, that too without having a valid and effective driving license. Accordingly, notice of accusation under Ss. 279 and 337 IPC and Ss. 181 and 185 of the Motor Vehicles Act was put to the accused, to which he pleaded not guilty and claimed trial.

(3.) The prosecution examined six witnesses. Thereafter statement of respondent/accused under Sec. 313 Cr. P.C. was recorded. After evaluating the evidence, learned trial Magistrate acquitted the respondent/accused constraining the appellant-State to file the instant appeal.