STATE OF HIMACHAL PRADESH Vs. DEV RAJ

JUDGEMENT

(1.) Assailing the judgment dated 20.3.2008, passed by Judicial Magistrate 1st Class, Court No.3, Shimla, H.P. in Crl. Case No.7/2 of 2006, titled as State vs. Dev Raj, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) It is the case of the prosecution that house of accused Dev Raj is situated just above the house of complainant (Shri Prem Lal Bansal-PW-1) at Ram Nagar, Shimla. The accused had stacked construction material in the Varandah of his house. Despite repeated requests, he did not remove the same. On 23.7.2005, there was heavy rain fall, resulting into the earth giving way and debris rolling down hill, damaging the complainant's building. The construction material also rolled down the hill. At that time, complainant's daughters, namely Pushpa Bansal (PW-2) and Sharmila Bansal (deceased) were inside the house. Both the girls got injured with the boulders which rolled down the hill. The injured were taken to the hospital where they were attended to by Mr. U.K. Chandel (PW-14). Prem Lal Bansal (PW-1) filed a complaint (Ex.PW1/A), on the basis of which, F.I.R. No.157/05 dated 25.7.2005 (Ex.PW13/A) was registered under the provisions of Sections 336, 337 and 304-A of the Indian Penal Code at the Police Station, West, District Shimla. This was so done, after Sharmila expired on 23.7.2005 (9:20 p.m.). The matter was investigated by A.S.I. Kulwant Singh (PW-15), who collected incriminating material against the accused. With the completion of investigation, Challan was presented in the Court for trial.

(3.) Notice of accusation was put to the accused for having committed offences punishable under the provisions of Sections 336, 337 and 304-A of the Indian Penal Code, to which he did not plead guilty and claimed trial.