STATE OF HIMACHAL PRADESH Vs. MOHAN LAL

JUDGEMENT

(1.) ASSAILING the judgment dated 8.4.2005, passed by the learned Addl. Chief Judicial Magistrate, Kasauli, District Solan, H.P. in Criminal Case No. 99/2 of 2002, titled as State of H.P. vs. Mohan Lal, whereby the respondent -accused stands acquitted, the State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973. It is the case of prosecution that on 6.4.2002, at about 2.30 p.m. Sh. Narain Dass (deceased) was drinking water outside a dhabba near Eicher Factory, Solan, along the road side. Accused Mohan Lal who was driving vehicle i.e. canter bearing No. CH 01 -K -3508 came in a rash and negligent manner and hit Sh. Narain Dass as a result of which he sustained injuries. Accused Mohan Lal fled away from the spot. The incident was witnessed by Sh. Ram Gopal (PW -1), Sh. Naseeb Singh (PW -2), Sh. Ramesh Kumar (PW -3) and Sh. Sukhdev Singh (PW -8). These persons took the injured to the hospital where he was declared dead. Police was informed. Ruka (Ext. PW 1/A) was prepared on the basis of the statement of PW -1 recorded under Section 154 Cr. P.C. The same was sent to the police station Parwanoo where F.I.R. No. 41/2002 (Ext. PA), dated 6.4.2002, was recorded by ASI Jagdish Chand (PW -5) under the provisions of Sections 279 and 304 -A of the Indian Penal Code. The matter was investigated by HC - Ved Prakash (PW -9). Post mortem on the body of the deceased Narain Dass was conducted by Dr. P.S. Rana (PW -6) who issued post mortem report (Ext. PW 6/A). With the completion of investigation, challan was presented in the Court for trial.

(2.) NOTICE of accusation was put to the accused for having committed offences punishable under the provisions of Sections 279 and 304 -A of the Indian Penal Code to which he did not plead guilty and claimed trial.

(3.) AFTER trial, accused stands acquitted. Hence, the present appeal.