STATE OF HIMACHAL PRADESH Vs. KULDEEP KUMAR

JUDGEMENT

(1.) This appeal is instituted against Judgment dated 29.9.2008 rendered by learned Additional Sessions Judge, Shimla, Himachal Pradesh in Sessions Trial No. 6 -S/7 of 2008, whereby appellant -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Sec. 302 of the Indian Penal Code, has been acquitted.

(2.) Case of the prosecution, in a nutshell, is that at about 7.30 pm, on 22.12.2007, one Rajbeer was brought to IGMC for medical treatment. Rohit, Shashi Kant, Nitin and Sandeep had gone there. Rajbeer was given medical treatment. Nitin, Rajbeer and others were taken on motor cycle and dropped at Dhalli. In the meantime, Rohit, Shashi and Sandeep were going on motor cycle. The motorcycle was being driven by Sandeep. While they were on their way, a vehicle came from opposite side. It brushed with the motorcycle. A quarrel took place with the van driver. Then they went towards Sanjauli. They parked their motor cycle at a short distance beyond the rain shelter near toilet at Sanjauli Chowk. Same van driven by the accused arrived at the Chowk. The driver started abusing them. He threatened them that he would run them over. Accused with the said intention drove the van towards them. Sandeep was run over and dragged with the vehicle upto 500 meters. Police was informed. Statement of PW -1 was recorded under Sec. 154 Cr.P.C.. FIR was registered. Motor cycle was taken into possession alongwith van. Both the vehicles were got examined. FSL report was received. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as 20 witnesses to prove its case against the accused. Accused was also examined under Sec. 313 Cr.P.C.. He pleaded innocence. Trial Court convicted and sentenced the accused as noticed above. Hence, this appeal.