STATE OF H.P. Vs. SUNIL KUMAR

JUDGEMENT

(1.) THE State of Himachal Pradesh is aggrieved by the findings of acquittal recorded in favour of the respondent/accused by the learned Judicial Magistrate 1st Class -(III), Kangra, District Kangra, H.P. Being aggrieved, it has sought the leave of this Court for instituting an appeal therefrom for assailing it.

(2.) BRIEFLY stated the facts of the case are that complainant Shri Sanjay Soni made a statement under Section 154 of the Cr.P.C. to ASI Karam Deen that on 1.12.2005 at about 3 p.m. his two daughters Miss Diksha and Miss Kritika were returning home from school. When his daughters reached near Gurdwara then a vehicle Scorpio bearing No. PB -08 -AS -8819 came at a high speed from rear and hit his daughters, who were walking on the left side of the road. His daughters suffered injuries in the incident and the driver of the vehicle fed away from the spot along with the vehicle. The accident occurred due to rashness and negligence of the driver of the vehicle bearing No. PB -08 -AS -8819. On the basis of aforesaid statement of the complainant FIR was registered in the police station. During the course of the investigation, the police recorded the statements of the witnesses, prepared the site plan, took into possession the vehicle in question along with its key and documents as also got medically examined the injured from the doctor and obtained their MLCs.

(3.) THE accused was charged by the learned trial Court for his having committed offences punishable under Sections 279, 337 and 338 of the IPC. In proof of the prosecution case, the prosecution examined 14 witnesses. On conclusion of recording of the prosecution evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure was recorded by the learned trial Court, in which the accused claimed innocence and pleaded false implication in the case.