STATE OF HIMACHAL PRADESH Vs. VIRENDER SINGH

JUDGEMENT

(1.) Assailing the judgment dated 19.1.2006, passed by Chief Judicial Magistrate, Hamirpur, H.P., in Criminal Case No. 30-II of 2004, titled as State of Himachal Pradesh vs. Virender Singh, 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 connection with F.I.R. No. 311 of 2003, dated 23.12.2003 (Ext. PW-7/A), registered at Police Station Sadar, Hamirpur, notice of accusation was put against the accused (respondent herein) for having committed offences punishable under the provisions of Sections 279 and 304-A of the Indian Penal Code. Allegedly on account of rash and negligent driving and conduct of the accused, who was driving vehicle bearing No. HP-12-9463, Joginder Singh and Parveen Kumar died in the motor vehicle accident.

(3.) In order to prove its case, in all, prosecution examined twelve witnesses and statement of the accused under Section 313 Cr. P.C. was also recorded, in which he took plea of innocence and false implication. No evidence in defence was led by the accused.