STATE OF H P Vs. SURINDER SINGH

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the impugned judgment rendered on 28.4.2006 by the learned Additional Sessions Judge, Una, District Una, H.P., whereby he while reversing the findings of conviction recorded on 24.10.2005 by the learned Judicial Magistrate Ist Class, Court No.1, Amb District Una, H.P., in case No. 21-1 of 2002/10.II/2002, acquitted the respondent (for short 'accused') for the offences punishable under Sections 279, 337, 338 and 304-A of the Indian Penal Code.

(2.) The brief facts of the case are that on 7.12.2001 after recording Rapat No. 32 in daily diary, HC Mehar Singh alongwith other police officials went to the spot at Nandpur to inquire about the accident where Smt. Bala Handa made a statement under Section 154 Cr.P.C. According to her she is working as a TGT(Arts) at Government Senior Secondary School, Talmehra, Tehsil Bangana, District Una, H.P. On 6.12.2001 she had gone with school girls in bus bearing registration No. HP-20A-2669 to Nangal Jarialan Senior Secondary School for attending a cultural programme. Surender Singh was the driver of the bus and Tarsem Lal was its conductor. On 7.12.2001 at about 7.30 p.m. while she alongwith the school girls were returning after attending the programme and when their bus crossed the village Nandpur Dausarka and reached about 100 meters ahead of this place then one Maurti van came from the opposite direction struck with the bus as a result of which the bus fall down on the right side of the road and driver of the Maruti van expired on the spot and the passengers who were sitting in the bus also received injuries and they were taken to the hospital. The driver of the bus was driving the bus at a fast speed and in a rash and negligent manner. On the basis of her statement FIR came to be registered. The investigation was conducted. One another passenger Vishnu Bahadur also expired. Post mortem examinations of Suresh Kumar and Bishnu Bahadur were conducted. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.

(3.) Notice of accusation stood put to the accused by the learned trial Court for his committing offences punishable under Sections 279, 337 338 and 304-A of the I.P.C to which he pleaded not guilty and claimed trial.