STATE OF HIMACHAL PRADESH Vs. PARDEEP KUMAR

JUDGEMENT

(1.) ASSAILING the judgment dated 17.12.2005/22.12.2005 passed by Additional Chief Judicial Magistrate, Court No.1, Shimla, H.P., in Case No.191/2 of 2004, titled as State of H.P. Versus Pardeep Kumar, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) IN relation to FIR No.103/04, dated 09.05.2004, registered at Police Station, East Shimla, accused was sent to face trial for offences punishable under the provisions of Sections 279 and 337 of IPC read with Section 185 of the Motor Vehicle Act, 1988.

(3.) AS per prosecution case, on 09.05.2004 at about 7.30 PM, accused Pardeep Kumar, under the influence of liquor was driving his Maruti Van, bearing No. HP06 -2662, in a rash and negligent manner. First he hit an old lady and thereafter collided with car bearing No.HP03A -1537 belonging to complainant Vishal Sood (PW.1). Investigation was conducted by SI K.D. Khan (PW.8). Injured Seema Sood (PW.6) was got medically examined at IGMC Hospital, Shimla. Also accused was got medically examined. 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.