STATE OF H P Vs. ONKAR CHAND

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the impugned judgment rendered on 31.12.2007 by the learned Additional Sessions Judge, Una, District Una, H.P. in Criminal Appeal No. 7 of 2006, whereby it while reversing the findings of conviction recorded on 27.3.2006 by the learned Judicial Magistrate, 1st Class, Court No. 1, Amb in Case No. 106-1 of 2004 acquitted the respondent (for short 'accused') for the offences punishable under Sections 279 and 338 of the Indian Penal Code.

(2.) The brief facts of the case are that complainant while appearing before the police at PHC Amb disclosed that on 17.5.2003 she had come to her parental home at village Katohar Khurd alongwith other family members for participating in a condolence function of near relative. After attending condolence complainant and other family members were waiting for a bus at Pakka Proh. Husband of the complainant in order to take water attempted to go towards the other side of the road. In the meantime HRTC bus bearing registration No.HP- 18-3588 came from Una Side at a very high speed which hit the husband of the complainant. The accident took place at 1.15 Noon. The husband of the complainant on account of the accident fell on the road. He was taken to the hospital. On the basis of the statement of the complainant, FIR was registered. Site plan was also prepared. Injured was medically examined. He was found to have suffered simple as well as grievous injuries. 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, 338 of the I.P.C and 181 of the M.V Act, to which he pleaded not guilty and claimed trial.