STATE OF HIMACHAL PRADESH Vs. ASHWANI KUMAR

JUDGEMENT

(1.) Assailing the judgment dated 19.05.2009, passed by Judicial Magistrate, 1st Class, Nalagarh, District Solan, H.P., in Criminal Case No.159/2 of 2006, titled as State of Himachal Pradesh Versus Ashwani Kumar, whereby accused stands acquitted of the charged offences, on all counts, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) In connection with FIR No.101/06, dated 19.04.2006 registered at Police Station, Nalagarh, District Solan, H.P., accused was called upon to face accusation for having committed offences punishable under the provisions of Sections 279, 337, 338 and 304-A of the Indian Penal Code.

(3.) The case of the prosecution was found not to have been proven on record, beyond reasonable doubt. Occurrence of the accident is not in dispute.