STATE OF H.P. Vs. BRIJ LAL

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment of the learned Judicial Magistrate Ist Class, (2), Shimla in Criminal Case No.24/2 of 1995 decided on 4.5.1999 whereby the accused has been acquitted of the charges levelled against him under Section 279 and 304-A IPC.

(2.) THE prosecution case in brief is that on 19.6.1994 at about 9.15 a.m. Balak Ram Sharma along with his grandmother Devku Devi was walking on the main road from Dhalli towards Sanjauli and when they reached near Plaza Hair-dresser, vehicle No.HP07-2271 being driven by accused Brij Lal in a rash and negligent manner came from Dhalli side and struck against Devku Devi. She suffered serious injuries and died as a result thereof. The statement of Balak Ram was recorded under Section 154 Cr.P.C. (Ex.PW3/A) and on the basis of this statement FIR Ex.PW9/A was registered. The investigation was completed and thereafter the accused was summoned. The charges were framed against the accused for the offence under Section 279 and 304-IPC. He pleaded not guilty and claimed trial.

(3.) THE statement of the accused was recorded under Section 313 Cr.P.C.