STATE OF HIMACHAL PRADESH Vs. JAI CHAND

JUDGEMENT

(1.) The present appeal is maintained by the appellantState of Himachal Pradesh against the judgment of acquittal of the accused in a case under Section 279 of the Indian Penal Code passed by the learned Judicial Magistrate 1st Class, Court No.II, Una, District Una, H.P, dated 30.11.2006, in Criminal Case No.226-I of 1998.

(2.) Briefly stating facts giving rise to the present appeal are that statement under Section 154 Cr. P.C (Ex.PW3/A) of complainant (PW-3) was recorded by HC Harpal Singh that on 2.10.1998 at about 11:15 PM, complainant was going to Village Budhan in a Jeep bearing No. HP-20-6109, as a driver alongwith Joginder Kumar, Yashpal and Pinku and on reaching at place Suniarwah (Bangana curve), he noticed a bus bearing No.HP-37- 0445 of HRTC enroute Sundernagar to Beas being driven by the accused (hereinafter referred to as 'the accused') at a high speed and he abruptly stopped the Jeep being driven by him on unmetalled portion of the road, on his left side, but the accused while driving the aforesaid bus hit the jeep from the right front portion of the Jeep and crossed through in a process of dashing with the vehicle (jeep), as a result of which, front glass and side mirror of the Jeep were broken besides pressing of front driver side. However, no one sustained any injuries. The accident has taken place due to the rash and negligent driving of the accused. Statement of the complainant was recorded by the Investigating Officer and sent to Police Station, Bangana through Constable Beant Kumar No.32, on the basis of which FIR (Ex.PW9/B), was registered against the accused. During the course of investigation, site plan (Ex.PW10/A) was prepared.

(3.) The prosecution, in order to prove its case, examined as many as 10 witnesses. Statement of the accused was recorded under Section 313 Cr. P.C, wherein he has denied the prosecution case and claimed innocence. No defence evidence was led by the accused.