STATE OF H P Vs. KHEM CHAND

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgement recorded by the learned Sessions Judge, Shimla, whereby he reversed the findings of conviction recorded upon the accused by the learned trial Court and acquitted the accused respondent herein for his allegedly committing offences punishable under Sections 279 and 337 IPC.

(2.) The brief facts of the case are that on 9th July, 2002 at 3.40 p.m. on duty pharmacist, DDU Hospital, Shimla, informed Police Station, Sadar, Shimla that a lady has been brought to the hospital in an injured condition. On this information H.C Lal Singh and constable Rai Singh were sent to DDU Hospital for investigation vide daily diary Ext.PW-9/A. The complainant made a statement Ext.PW-2/A that her daughter in law was admitted in Ripon Hospital, Shimla for the last 10-12 days and she came to Shimla to see her. When she wanted to cross the road near Ripon Hospital, a red coloured car came and hit her from right side. The car was being driven rashly and negligently. She has stated that she suffered injuries on the right side of the body. The number of the car was noted by her nephew Ramesh Kumar.

(3.) A charge stood put to the accused by the learned trial Court for his committing offences punishable under Sections 279 and 337 IPC to which he pleaded not guilty and claimed trial.