STATE OF H P Vs. CHAMAN LAL

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 Judicial Magistrate, Ist Class (4) Shimla, District Shimla H.P In Criminal Case No. RBT 90-2 of 05/04, whereby the learned trial Court acquitted the respondent (for short 'accused') for the offences punishable under Sections 279, 337 and 304-A of the Indian Penal Code.

(2.) The brief facts of the case are that on 3.1.2003 at about 11.30 a.m. a telephonic information was received at Police Station, Dhalli from Police Assistance Room Mall Road Shimla that one car went out of the road near Kufri on IHM NH-22. On this information, inspector/SHO alongwith police party went to the spot. Rapt No. 18 of 3.1.2003 (Ex. PW-8/A) was registered in this regard. On inspecting the spot it was found that a Maruti car bearing registration No. HP-62-0505 was going to Theog in which four persons namely Gopal Krishan Sharma, Thakur Singh Balyani, Prem Chand Prashar and Bali Ram were traveling.

(3.) Notice of accusation stood put to the accused by the learned trial Court for his committing offences punishable under Sections 279, 337 and 304-A of I.P.C, to which he pleaded not guilty and claimed trial.