STATE OF H.P. Vs. DINA NATH

JUDGEMENT

(1.) THIS appeal has been filed by the appellant/State of H.P. against the judgment of the Court of learned Additional Chief Judicial Magistrate, Dehra, dated 28.5.1999, vide which the respondent was acquitted of the charge framed under Sections 279/337/427 I.P.C. and Section 184 of Motor Vehicle Act.

(2.) BRIEF facts of the case are that on 17.7.1990 a statement was made by complainant Usha Rani under Section 154 Cr.P.C. that she had come from Ludhiana along with her children and at about 9.25A.M., they were going to Jawali Ji temple in the bus. She was sitting on the front seat and when the bus reached near Ludhiana Sarai, the driver was driving the bus at a fast speed and the bus struck with a jeep and 1 Whether reporters of Local Papers may be allowed to see the judgment? No. the bus went inside a shop. There were 40/45 passengers in the bus and many of the passengers suffered injuries and jeep also fell down. On this report, a case was registered and after investigation, the challan was filed before the learned trial Court who tried the respondent as detailed above resulting in his acquittal.

(3.) THE submissions made by the learned Additional Advocate General were that there is some evidence to prove that the accident had taken place due to fast driving by the respondent coupled with the report of the Service Manager who examined the bus and as such, the findings to the contrary of the learned trial Court are liable to be reversed.