STATE OF HIMACHAL PRADESH Vs. MEHAR CHAND @ MAHESH

JUDGEMENT

(1.) Assailing the judgment dated 19.11.2005, passed by Judicial Magistrate, 1st Class, Nahan, District Sirmaur, H.P., in Criminal Case No. 59/2 of 2005/04, titled as State of H.P. vs. Mehar Chand @ Mahesh, whereby respondent-accused stands acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) In short, it is the case of prosecution that on 28.11.2004, accused Mehar Chand was driving vehicle bearing No. HP 18A 0741, in a rash and negligent manner, as a result of which accident took place, in which occupants of the vehicle, including the accused suffered injuries. On the basis of complaint (Ext. PW-1/A) made by Sh. Darshan Lal (PW-1), F.I.R No. 234 of 2004 (Ext. PW-10/A), dated 28.11.2004 was registered at Police Station Sadar, Nahan, Distt. Sirmour, H.P., against the accused, under the provisions of Sections 279 and 337 of the Indian Penal Code. Police conducted investigation and with its completion, 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 279, 337, 338 and 304-A of the Indian Penal Code, to which he did not plead guilty and claimed trial.