STATE OF HIMACHAL PRADESH Vs. JUGAL KISHORE

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 20.1.2006 passed by learned Additional Chief Judicial Magistrate, Jawali, District Kangra, H.P.. in Criminal Case No. 43 -II/2000 whereby accused/respondent, Jugal Kishore, was acquitted for offences punishable under Sections 279, 337, 304 -A of the Indian Penal Code and 185 of the Motor Vehicles Act and was convicted and sentenced to pay a fine of Rs. 400/ - and in default of payment of fine, to undergo simple imprisonment for a period of thirty days under Section 181 of the Motor Vehicles Act and to pay a fine of Rs. 2000/ - and in default of payment of fine to undergo simple imprisonment for a period of three months under Section 192 of the Motor Vehicles Act.

(2.) THE case of the prosecution, in a nutshell, is that the accused was driving the scooter bearing registration No. PJU -2704 on 18.4.2000. The scooter hit Zulmi Devi at village Dhan. She became unconscious and was taken to hospital. The matter was reported to the police. The FIR, Ext.PW5/A was recorded. The investigation was conducted by PW7 ASI Kulwinder Singh. He prepared the site plan Ext.PW7/A. The scooter was seized vide seizure memo Ext. PW2/A. The accused also suffered injuries in the accident. He was medically examined by PW4 Dr. Sucha Singh vide MLC, Ext.PW4/A. Zulmi Devi was also medically examined by PW4 Dr. Sucha Singh vide MLC Ext.PW4/B. She suffered simple injuries and a head injury. She was advised for X -ray examination. Later on, Zulmi Devi succumbed to injuries. The post mortem on the body of Zulmi Devi was conducted by PW8 Dr. Randhir Thakur vide Ext.PW8/A. The scooter in question was mechanically examined by PW6 Surinder Paul vide Ext. PW6/A. The photographs, Ext.PW1/A to Ext.PW1/C were taken. The statements of the witnesses were recorded. The investigation was completed and the challan was put up in the trial court after completing all codal formalities.

(3.) MR . Parmod Thakur, learned Additional Advocate General, has vehemently argued that the prosecution has proved its case against the accused.