STATE OF H.P. Vs. AMIR KHAN

JUDGEMENT

(1.) State has appealed against the judgment dated 26.8.2009, passed by the Judicial Magistrate 1st Class, Nadaun, District Hamirpur, Himachal Pradesh, in RBT Cr. Case No. 6 -II -2003/48 -II -2003, titled as State of Himachal Pradesh v/s. Amir Khan, challenging the acquittal of respondent Amir Khan (hereinafter referred to as the accused).

(2.) In connection with FIR No. 25/2003, dated 22.1.2003 (Ex. PW -9/A), registered at Police Station, Nadaun, District Hamirpur, Himachal Pradesh, accused was charged to face trial for having committed offences, punishable under the provisions of Ss. 279, 304 -A of the Indian Penal Code and Ss. 181 & 187 of the Motor Vehicles Act.

(3.) In short, it is the case of prosecution that on 22.1.2003, accused was driving Bus No. HP -22 -4582, in a rash and negligent manner. Resultantly, he lost control of the bus and hit Master Chirag Kashyap, resulting into his death. Investigation was conducted by HC Kuldeep Singh (PW -12), who presented the challan in the Court for trial.