STATE OF H. P. Vs. LEKH RAJ

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 29/4/2010 passed by learned Chief Judicial Magistrate, Solan, vide which the respondent (accused before learned Trial Court) was acquitted of the commission of offences punishable under Ss. 279 and 337 of the Indian Penal Code (IPC) and Sec. 187 of Motor Vehicles Act (in short 'MV Act'). (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused for the commission of offences punishable under Ss. 279 and 337 of IPC. It was asserted that Puran Chand (PW6) was driving the bus bearing registration no. HP-25-0793 on 7/4/2005, which was going from Kalka to Kafnu. The bus reached Galog near Nagli Bridge at about 7:00 am. A truck bearing registration No.HR-37A-1426 came at a high speed from the opposite side and hit the bus on the wrong side. 15 to 20 passengers were present on the bus; however, none sustained injuries. The driver sustained injuries and the bus was damaged towards the driver's side. The truck driver stopped the truck on the roadside and ran away from the spot. An intimation was given to the police. An entry No.20 (Ext. PW7/A) was registered in the police station. HC-Ram Rattan (PW11) was sent to the spot for verification. He recorded the statement of Puran Chand (PW6/A), which was sent to the police station for the registration of the FIR. FIR (Ext. PW8/A) was registered in the police station. ASI- Ram Rattan conducted the investigation. He prepared the site plan (Ext. PW11/A). He seized the truck bearing registration No. HR-37A-1426 along with documents vide memo (Ext. PW9/A).

(3.) Learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, a notice of accusation was put to him for the commission of offences punishable under Ss. 279 and 337 of IPC and Sec. 187 of the MV Act. The accused pleaded not guilty and claimed to be tried.