STATE OF H P Vs. PREM RAJ

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the impugned judgment rendered on 20.3.2007, by the learned Judicial Magistrate, IInd Class, Court No.(VI), Shimla, H.P., in Criminal Case No. 61-2 of 06/2005, whereby the learned trial Court acquitted the respondent (for short 'accused') for the offences charged.

(2.) The brief facts of the case are that on 15.5.2005 at about 3.40 p.m. at main road near IGMC Shimla, accused was driving the bus bearing registration No. HP63-0310 in a rash and negligent manner and when complainant Geeta Devi was disembarking from the bus at the same time the driver suddenly started the bus as a result thereof complainant fell down on the road and sustained simple as well as grievous injuries on her person. The complainant lodged FIR qua the occurrence. The complainant was medically examined at IGMC, Shimla. Her MLC was procured. The police went to the spot and prepared the spot map. Statements of witnesses were recorded. Vehicle aforesaid was taken into possession vide separate seizure memo. 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 and 338 of I.P.C, to which he pleaded not guilty and claimed trial.