STATE OF HIMACHAL PRADESH Vs. SANT RAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30.6.2005 rendered by learned Judicial Magistrate, 1st Class, Court No.III, Hamirpur, H.P., in Criminal Case No.45-I-99, RBT No.385-II- 04, whereby accused, Sant Ram, who was charged with and tried for offences punishable under Sections 279, 337, 338 of the Indian Penal Code and Sections 185-3 and 181 of the Motor Vehicles Act, was acquitted.

(2.) The case of the prosecution, in a nutshell, is that on 30.6.1999 at about 5.30 P.M., accused was driving Truck No. HP- 21-0764 on the public highway at Jangal Beri. Due to his rash and negligent driving, he struck the Truck against Tempo No. HP-37- 4430 causing injuries to PW2 complainant Rikhi Ram. He was taken to Hospital. The police recorded statement of PW2 Rikhi Ram under Section 154 Cr.P.C., on the basis of which FIR was registered. According to the prosecution, the accused was driving the Truck without driving licence and he had consumed liquor while driving. The truck and tempo were taken into possession by the police and got mechanically examined. The police visited the spot and prepared the spot map. The investigation was completed. The challan was put up in the learned trial court after completing all codal formalities.

(3.) The prosecution examined as many as eleven witnesses in support of its case. The accused was examined under Section 313 Cr.P.C.. He denied the case of the prosecution and claimed innocence. Learned trial court acquitted the accused vide judgment dated 30.6.2005, as stated hereinabove. Hence, the appeal.