STATE OF HIMACHAL PRADESH Vs. KASHMIR SINGH

JUDGEMENT

(1.) In connection with FIR No.33 of 2007, dated 21.02.2007 (Ex.PW.17/B) registered at Police Station, Barsar, District Hamirpur, H.P., accused was charged to face trial for having committed offences punishable under the provisions of Sections 279, 337, 338, 304-A of the Indian Penal Code and Section 185 of the Motor Vehicles Act.

(2.) It is a case of road accident in which Lovely Kumari died. Accused was driving vehicle No. HP-21-0013 in a rash and negligent manner which in fact was the cause of the accident. Allegedly the accused was driving the vehicle in a drunken state of mind. In effect, this is the case of prosecution and based on the evidence led by the prosecution, accused was convicted for having committed offences punishable under the provisions of Sections 279, 337, 304-A of IPC and Section 185 of the Motor Vehicles Act, 1988, vide judgment dated 28.07.2009, passed by Judicial Magistrate, 1 st Class, Barsar, District Hamirpur, H.P., in Criminal Case No. 60-II-2007, titled as State Versus Kashmir Singh. Accused was sentenced to serve imprisonment for different period up to two years and fine.

(3.) Lower Appellate Court vide judgment dated 10.11.2009, passed in Criminal Appeal No. 55 of 2009, titled as Kashmir Singh Versus State of H.P., reversed the findings of fact and judgment of conviction and acquitted the accused on all counts. Hence, present appeal stands filed by the State under the provisions of Section 378 of the Code of Criminal Procedure, 1973.