STATE OF H.P. Vs. NANKU RAM

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 20/5/2011, passed by learned Judicial Magistrate First Class, Court No.1, Sundernagar, District Mandi, H.P. (learned Trial Court), vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of offences punishable under Ss. 279, 337, 338 and 304-A of the Indian Penal Code (in short IPC). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present appeal are that the police received a telephonic information on 7/2/2007 at 7.30 PM that an accident had taken place near Tail Control. The information was reduced into writing, and SI/SHO Prem Dass (PW8) went to the spot for verification with Constable Dharminder. He found that motorcycle bearing registration No. HP-33-6609 and Van bearing registration No. HP-02-0774 had met with an accident, which were lying on the road. He found skid marks of the tyres of the Van to the extent of 30 ft. and concluded that the driver of the Van had hit the motorcycle at a high speed. The motorcycle riders had sustained injuries, and the driver of the Van had absconded. He prepared a rukka (Ex.PW8/A) and sent it to the Police Station, where FIR (Ex.PW2/A) was registered. He prepared the site plan (Ex.PW8/B) and took the photographs (Ex. P1 to Ex. P3), whose negatives are Ex.P4 to Ex.P6. He seized the Van and the motorcycle vide memo (Ex.PW5/A). He obtained the MLCs (Ex.PX and Ex. PY). Nanku Ram produced the documents of the Van, which were seized vide memo (Ex.PW4/A). Yog Raj (PW7) produced the documents of the motorcycle, which were seized vide memo (Ex.PW7/A). HC Devki Nandan (PW6) conducted the mechanical examination of the Van and motorcycle and found that there was no mechanical defect in the vehicle which could have led to the accident. He issued reports (Ex.PW6/B and Ex.PW6/C). Injured Khem Lata succumbed to her injuries. Her postmortem report (Ex.PW1/A) was obtained. The statements of witnesses were recorded as per their version, and after the completion of the investigation, the challan was prepared and presented before the learned Trial Court.

(3.) Learned Trial Court put the notice of accusation to the accused for the commission of offences punishable under Ss. 279, 337, 338 and 304-A of IPC, to which the accused pleaded not guilty and claimed to be tried.