STATE OF HIMACHAL PRADESH Vs. TARUN CHOPRA

JUDGEMENT

(1.) The present appeal is maintained by the State of Himachal Pradesh against the judgment of acquittal dated 09.10.2006, passed by learned Chief Judicial Magistrate, Una, District Una, H.P. in case No.30-II-2002, under Sections 279, 337 and 338 of Indian Penal Code.

(2.) Briefly stating the facts giving rise to the present appeal are that on 22.10.2001 at about 9.00 AM, complainant, Rajesh Kumar, alongwith his sister, Monika was coming to Jhalera on his Scooter No.HP-20A-1905 from his house and when they reached near Raisari bridge, a Tata Sumo bearing registration No.DL-ICE 4867 came with high speed from Una side and after coming to the wrong side, struck against their Scooter causing injuries to Rajesh and Monika. The injured were brought to the hospital where Rajesh Kumar gave statement under Section 154 Cr.P.C. The police visited the spot, took in possession Tata Sumo and Scooter and got those vehicles mechanically examined, took photographs of the spot and, after completion of investigations, filed challan against the accused under Sections 279, 337 and 338 IPC.

(3.) I have heard learned Additional Advocate General for the State-appellant and Shri Chandranarayan Singh, learned counsel for the respondent. Learned Additional Advocate General has vehemently argued that the Court below has arrived at the findings on surmises and conjectures and without appreciating the evidence in its true perspective.