(1.) ASSAILING the judgment dated 18.7.2005, passed by the learned Additional Chief Judicial Magistrate, in Criminal Case No. 18-II/98, titled as State of H.P. vs. Hari Singh., whereby the respondent-accused has been acquitted, the 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 on 7.10.1998 at about 7.00 p.m. complainant Raj Kumar (PW-7) and Shamsher Singh (deceased) were working towards Chatroli to attend an electricity complaint. When they reached near the railway crossing, the accused who was driving the vehicle (Three wheeler) bearing registration No. HP-04-0370 came from behind and hit Shamsher Singh, as a result of which Shamsher Singh fell down on the road and sustained injuries on his head. The incident was witnessed by Raj Kumar. Immediately after the occurrence of incident, local people including Sudershan Mahajan appeared on the spot. Shamsher Singh was taken to the hospital, however, he was declared dead. Post mortem of the dead body was conducted by Dr Sanjay (PW-3) and report is Ex. PW-3/A. In the incident PW-7 Raj Kumar also sustained injuries and he was taken to the hospital where he was medically examined by Dr. Varinder (PW-2) who issued MLC (Ex. PW-2/A ). Police registered FIR No. 254/98 (Ex. PW-6/A) dated 7.10.1998 under Sections 279, 337 and 304-A of I.P.C at Police Station, Nurpur. With the completion of investigation, challan was presented in the Court for trial.
(3.) IN order to prove its case, in all, prosecution examined nine witnesses and statement of the accused under Section 313 Cr. P.C. was also recorded, in which he took up defence of innocence.