STATE OF HIMACHAL PRADESH Vs. HARI SINGH

JUDGEMENT

(1.) ASSAILING the judgment dated 27.10.2005, passed by the learned Judicial Magistrate 1st Class, Nahan, in Criminal Case No. 38/2 of 2005/04, titled as State of Himachal Pradesh versus Hari Singh, whereby respondent -accused Hari Singh (hereinafter referred to as the accused) has been 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 the prosecution that on 17.10.2004, Shri Ratna Ram (PW -1) and Shri Randhir Singh (PW -3) were travelling on a motorcycle (HERO HONDA). At about 4.30 p.m., when they reached ahead of Kali Temple at Kala Amb -Nahan road, the accused, who was driving Bus No. HR -68 -3354, in a rash and negligent manner, came at high speed and hit the motorcycle, as a result of which both, PW -1 and PW -3 sustained injuries. Shri Gurbachan Singh (PW -2) informed the police on telephone. HC Rikhi Ram (PW -11) upon receiving information reached the spot and recorded statement of PW -1, on the basis of which FIR No. 210 of 2004, dated 17.10.2004 (Ex. PW -9/A), under the provisions of Sections 279, 337 and 201 of the Indian Penal Code, was registered at Police Station Nahan. Injured were taken to the hospital and were got medically examined from Dr. Nirmal Prakash (PW -6), who issued MLC (Ex. PW -6/A and Ex. PW -6/B), which were taken on record. With the completion of the 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, 337, 338 and 201 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.