STATE OF HIMACHAL PRADESH Vs. RAVINDER KUMAR

JUDGEMENT

(1.) Aggrieved by the order of acquittal passed by the learned Trial Magistrate, the State has filed the instant appeal.

(2.) The case of the prosecution, in brief, was that on 13/12/2002 at about 11:30 p.m., at place Jamanabad Chowk Kangra, an elderly man Ramji Dass was crossing the road. The accused-respondent was seen riding a scooter No. HP 40-3326 on the highway towards Ichhi in a rash and negligent manner, as a result whereof, the scooter collided with Ramji Dass. The complainant was the pillion rider, who fell down and sustained injuries. The elderly man Ramji Dass and accused-respondent were seriously injured and in the meanwhile, the grandson of Ramji Dass came on the spot and took the Ramji Dass as also the respondent-accused to Zonal Hospital, Dharamshala. A telephonic message was sent to the Police Post Gaggal about the factum of accident and on the basis of such information Rapat No. 9 was entered and Head Constable Kaur Singh proceeded to the hospital to record statement of complainant under Sec. 154 Cr.P.C. After recording the same, it was forwarded to the Police Station, Kangra, upon which First Information Report under Ss. 279, 337 and 304-A IPC was lodged against the accused-respondent.

(3.) The Investigating Officer undertook the investigation and visited the spot on the next day. He prepared a site map accordingly. However, in the meanwhile, Ramji Dass died and post-mortem was conducted on his body. The scooter was impounded and driving licence of respondent-accused was taken into possession. Thereafter, the statements of the witnesses were recorded.