LAWS(HPH)-2016-5-395

STATE OF H P Vs. TILAK RAJ

Decided On May 27, 2016
STATE OF H P Appellant
V/S
TILAK RAJ Respondents

JUDGEMENT

(1.) The instant appeal stands directed by the State of H.P. against the judgment of the learned Judicial Magistrate 1st Class, Hamirpur, District Hamirpur, Himachal Pradesh, rendered on 27.04.2006 in Police Challan No. 19-I-04 whereby, the latter Court acquitted the accused/respondent of the offences punishable under Sections 279 and 337 of the Indian Penal Code.

(2.) The facts relevant to decide the instant case are that the complainant Subhash Chand recorded a statement under Section 154 Cr.P.C. before ASI Parkash Chand to the effect that on 1.2.2004, he has come to repair Ambika bus in his Maruti Car No. H.P. 56-0638. After checking the bus, he along with the conductor of the bus were going to Alampur, to bring spare parts. At about 10.00/10.30 a.m. in the morning when they reached at Palhai, then one tipper bearing NO. HP-37-9618 came in a high speed and the driver of the tipper lost his control over it and struck his tipper to the Maruti Car resulting into damage to the Maruti Car. The tipper driver has disclosed his name as Tilak Raj. The complainant received simple injuries due to this accident. It is reported that the accident took place due to the rash and negligent driving of the tipper by the accused. On the statement of the complainant, FIR was registered in the police station concerned. Thereafter the police completed all the codel formalities in accordance with law.

(3.) On conclusion of the investigation, into the offence, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.