STATE OF H.P. Vs. HANS RAJ

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 25/10/2010 passed by learned Judicial Magistrate First Class, Theog, District Shimla (learned Trial Court) vide which the respondent (accused before learned Trial Court) was acquitted of the commission of offences punishable under Ss. 279 and 304A of Indian Penal Code (hereinafter referred to as IPC).

(2.) Briefly stated, the facts giving rise to the present appeal are that Sandeep Kumar (PW-2) was posted as HHG in Police Station Kotkhai in the year 2008. He was on a V.I.P. duty on 13/6/2008 on Jubbal-Kotkhai road. At about 1:20 PM, a vehicle bearing registration No. HP63-1318 pick-up Tempo Trax came on a high speed from Gumma and hit a child. His mother Amita Nanda (PW-5) was walking with him. The child was crushed under the tyres of the vehicle. He was taken to Civil Hospital, Kotkhai but he succumbed to his injuries on the way to the hospital. The accused was driving the vehicle and the accident had occurred due to his high speed and negligence. Sandeep Kumar made a statement to HC Baldev Singh (PW11) who reduced it into writing (Ext. PW-1/A) and sent it to the police station where FIR (Ext. PW-10/A) was registered. HC Baldev Singh (PW-11) conducted the investigation. He prepared a site plan (Ext. PW-11/A). He took the photographs with the help of an official camera but those photographs could not be developed and the negative (Ext. PW-11/B) were retained on record. Accused Hans Raj produced the vehicle bearing registration No. HP63-1318 along with the documents which were seized vide memo (Ext. PW-1/B). The inquest of the dead body was conducted and a report (Ext. PW-11/C) was prepared. An application (Ext. PW-7/B) was made for the post-mortem examination of the deceased child. Dr Pankaj Saki (PW-7) conducted the post-mortem examination of the deceased child and found that he had died due to a head injury. He issued the report (Ext. PW-7/A). The dead body was handed over to Mohit Nanda vide memo (Ext. PW-11/D). The articles being transported in the vehicle were handed over to Ramesh Chand (PW-3) vide memo (Ext. PW-1/C).

(3.) The learned Trial Court put Notice of Accusation to the accused for the commission of offences punishable under Ss. 279 and 304A of IPC, to which the accused pleaded not guilty and claimed to be tried.