STATE OF H P Vs. NARESH KUMAR

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the impugned judgment rendered on 30.3.2007 by the learned Additional Sessions Judge, Shimla, H.P., whereby it while reversing the findings of conviction recorded on 25.5.2005 by the learned Additional Chief Judicial Magistrate, Court No.1, Shimla in case No. 80/2 of 2004, acquitted the respondent (for short 'accused') for the offences punishable under Sections 279, 337 and 338 of the Indian Penal Code.

(2.) The brief facts of the case are that on 28.1.2004 complainant Nishant Sharma and his cousin Shri Sanjiv Pandit were going to Public Service Commission, Nigam Vihar, Shimla in a vehicle bearing registration No. HP-02-0404. This car was being driven by Rajiv Pandit. At about 2.30 p.m., they were going uphill near Talland and were on their own side of the road suddenly a Mahindra Pickup bearing registration No. HP- 07-5377 driven by the accused came to the wrong side of the road and struck against their vehicle. Due to the accident, the complainant and one Kashnmiri labourer sustained injuries on their person. FIR was registered. Spot map was prepared by the Investigating Officer. The Mechanical reports of the vehicles were obtained. 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 the I.P.C to which he pleaded not guilty and claimed trial.