STATE OF HIMACHAL PRADESH Vs. ARUN RANA

JUDGEMENT

(1.) Instant Criminal Appeal filed under Sec. 378 (3) of the Cr.PC., lays challenge to impugned judgment dtd. 10/12/2019, passed by the learned Sessions Judge, Kullu, District Kullu, H.P., in Criminal Appeal No. 40 of 2019, reversing the judgment of conviction and order of sentence dtd. 31/8/2019 and 5/9/2019, whereby the learned Chief Judicial Magistrate, Kullu, District Kullu, H.P., while holding the petitioner accused guilty of having committed offence punishable under Ss. 279 and 304-A of IPC and Sec. 187 of Motor Vehicles Act, convicted and sentenced him as per description given herein below:

(2.) Precisely the facts of the case as emerge from the record are that on 4/11/2012, around 5:30pm, allegedly accused while driving bus bearing registration No.HP34B-2725 rashly and negligently, hit the deceased Sunil Kumar, near Indane Gas Agency, Kullu, as a consequence of which, person named herein above suffered injuries and was taken to RH Kullu, from where he was referred to PGI Chandigarh. However, unfortunately deceased while under treatment passed away. Complainant PW1 Smt. Murti Devi, sister in law of the above named deceased got her statement recorded under Sec. 154 Cr.PC, alleging therein that deceased Sunil Kumar suffered injuries after being hit by bus being driven rashly and negligently by the accused. On the basis of aforesaid statement made by the complainant PW1, FIR Ext.PW7/B, came to be lodged against the accused. Police after completion of investigation presented challan in the competent court of law, which on being satisfied that prima-facie case exists against the respondent-accused, charged him under Ss. 279 and 304-A, IPC and Sec. 187 of the MV Act, to which he pleaded not guilty and claimed trial. Prosecution with a view to prove its case examined as many as seven witnesses, whereas accused in his statement recorded under Sec. 313 Cr.PC denied the case of the prosecution in toto and claimed himself to be innocent.

(3.) Learned trial Court on the basis of evidence adduced on record by the prosecution held the accused guilty of having committed offences punishable under aforesaid provisions of law and accordingly, convicted and sentenced him vide judgment/order dtd. 31/8/2019/5/9/2019. Being aggrieved and dissatisfied with aforesaid judgment of conviction recorded by the learned trial court, accused preferred an appeal in the court of learned Sessions Judge Kullu, District Kullu, HP, praying therein for his acquittal after setting aside judgment of conviction recorded by the court below. Learned Sessions Judge, Kullu, allowed the appeal and acquitted the accused after setting aside the judgment of conviction recorded by the court below. In the aforesaid background, appellant-State has approached this Court by way of instant proceedings, praying therein restoration of judgment of conviction and order of sentence recorded by the court below after setting aside the judgment of acquittal recorded by the learned Sessions Judge Kullu.