STATE OF H.P Vs. CHAMAN LAL

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment of the Additional Chief Judicial Magistrate, Ghumarwin in case No.106/1 of 1994, decided on 27.2.1999, whereby he has acquitted the accused Chaman Lal of the charge levelled against him that he had committed offences under Section 279 and 337 of the Indian Penal Code.

(2.) THE prosecution case in brief is that on 27.3.1994 PW1 Suresh Chand was standing outside the shop of Madan Lal. According to the prosecution, the accused Chaman Lal was driving truck No.HPM- 1472 at a high speed in a rash and negligent manner and struck against the complainant Suresh Kumar causing simple injuries to him. On the aforesaid allegations, FIR Ex.PW5/A was lodged against the respondent-accused and the police investigated the case. The accused was challaned for having committed the offence. He pleaded not guilty and claimed trial.

(3.) PW 1 Suresh Kumar who was the injured stated that he was standing outside the shop of Madan Lal when the accused drove the truck in a rash and negligent manner and struck against him causing injuries on his foot. According to him, the incident took place at about 4.30 p.m. at village Ladraur. In cross-examination, however, he admitted that prior to the report lodged by him, the accused had already filed an FIR against him (PW1 Suresh Chand). This FIR was lodged against him for having caused injuries to Chaman Lal in a fight. PW2 Onkar Chand has also supported PW1. In cross- examination he has admitted that a quarrel took place between Suresh Chand and Chaman Lal in his presence. PW3 Madan Lal did not support the prosecution and in fact stated that the truck was being driven at a normal speed.