STATE OF HIMACHAL PRADESH Vs. PIAR CHAND

JUDGEMENT

(1.) This appeal preferred by the State of Himachal Pradesh is directed against the judgment dated 1.1.1999 passed by the learned Sessions Judge, Una whereby the conviction and sentence awarded to the Respondent/accused (hereafter referred to as 'the accused') by the learned Chief Judicial Magistrate, Una under Sections 279, 338 and 304A IPC has been set aside and the accused has been acquitted of the accusations against him.

(2.) Case of the State in brief is that Baljit Singh (since deceased) was on 14.4.1993 at about 7.45 p.m. driving Scooter No. 4310 on Una Nangal Road one Kamla Devi was a pillion rider with the deceased. The accused was driving Jeep No. HP-19-1187 on the same road from the opposite side but on the wrong side of the road and was rash/negligent in driving the Jeep. As a result, the Jeep collided with the Scooter and the deceased and the pillion rider sustained injuries. They were removed to the Hospital at Una. The deceased after medical first aid was referred to PGI Chandigarh where he died on April 18, 1993. R.L. Atwal (PW-5) telephonically reported the occurrence to Police Station, Una vide DDR Ext. PW-5/A on the basis of which formal FIR Ext. PW-12/A was recorded at Police Station, Una. After the death of Baljit Singh offence under Section 304A was also added.

(3.) On investigation, the Investigating Agency found that the accused by his rash and negligent driving of the Jeep had caused the accident resulting in fatal injuries to Baljit Singh and grievous hurt to said Kamla Devi. The S.H.O. concerned accordingly submitted the charge-sheet against the accused. The learned trial Magistrate put a notice of accusation under Sections 279, 338 and 304A IPC to the accused who pleaded not guilty to the accusations and claimed to be tried.