STATE OF HIMACHAL PRADESH Vs. JAGDISH CHAND

JUDGEMENT

(1.) ASSAILING the judgment dated 27.12.2007, passed by Judicial Magistrate 1st Class (4) Shimla, District Shimla, H.P., in Criminal Case No. RBT 57/2 of 05/02, titled as State Versus Jagdish Chand, whereby accused stand acquitted of the charged offences, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 10.05.2002, on account of rash and negligent driving of bus No. HP -07 -5537, complainant Satyavir Singh (P.W. 1) sustained injuries. He was taken to the local dispensary from where report (Ex. P.W. 10/A) was lodged. Head Constable Sahib Singh (P.W. 10) recorded statement (Ex. P.W. 1/A) of the injured/complainant, which led to registration of FIR No. 107/02 dated 10.05.2002 (Ex. P.W. 10/C) under the provisions of Sections 279 and 337 of the Indian Penal Code, at Police Station, Boileauganj, Shimla, H.P. Injured was got medically examined at IGMC Hospital, Shimla from Dr. Ashwani (P.W. 6), who issued MLC (Ex. P.W. 6/A). Investigation revealed that on account of reversing of the bus, in a rash and negligent manner, Satyavir Singh (P.W. 1) sustained injuries. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, Challan was presented in the Court for trial.

(3.) IN order to establish its case, in all, prosecution examined as many as twelve witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he took defence of false implication.