STATE OF HIMACHAL PRADESH Vs. ASHWANI KUMAR

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the impugned judgment rendered on 1.5.2007 by the learned Additional Chief Judicial Magistrate, Dehra, District Kangra, Himachal Pradesh, in Criminal Case No. 49-II/2003, whereby the learned trial Court acquitted the respondents (for short 'accused') for the offences charged.

(2.) The brief facts of the case are that on 31.12.2002 at around 10.50 a.m. on the public highway at Kiryada Chowk, the accused Ashwani Kumar was driving bus No. HP-36-0398 in a rash and negligent manner and caused the death of Ms. Pooja due to his negligent driving. The matter was reported to the police by the complainant Hardayal Singh vide his statement under Section 154 Cr.P.C. Ex. PA, in which it was mentioned by him that on 30.12.2002 he had gone to the house of his sister Babita Devi at Muhal and on 31.12.2002 at about 10.30 a.m. he alongwith his sister Pooja boarded the bus and at around 10.50 at Kiryada Chowk the bus was stopped and he came out from the bus and his sister Pooja tried to came out from the bus from front window and bus driver all of a sudden started the bus, as a result of which Pooja fell on the road and received multiple injuries. The bus driver did not stop the bus and he accordingly arranged van and took Pooja to hospital at Sub Divisional Hospital, Dehra but Pooja succumbed to her injuries at around 11.30 a.m. It was also stated by the complainant in his statement that accident in question occurred due to rash and negligent driving of bus driver. On the statement of complainant, FIR Ex. PW-1/B was registered and investigation conducted by SI/SHO Daulat Ram. The photographs of deceased Ex. P-1 to Ex. P-6 alongwith negatives Ex. P-6 to Ex. P-12 were obtained and postmortem of deceased Pooja was conducted at Sub Divisional Hospital, Dehra and report of concerned Doctor Ex. PD was obtained. The investigating officer during the course of investigation, prepared site plan of spot of occurrence Ex. PW- 7/A and also took into possession bus involved in the accident alongwith its documents vide memo Ex. PA in presence of witnesses Baldev Raj and Chandel Singh. Inquest report of Ms. Pooja was prepared. The mechanical examination of the bus was conducted and report of mechanic Ex. PE was produced. The statements of the witnesses under Section 161 Cr.P.C. were recorded by the investigating officer. After completion of investigation, the police found prima facie case against the accused for offences under Sections 279 and 304-A I.P.C. and Sections 184 and 187 of Motor Vehicles Act. After completing all codal formalities and on conclusion of the investigation into the offences, allegedly committed by the accused, a challan was prepared and filed before the learned trial Court.

(3.) Notice of accusation stood put to the accused by the learned trial Court for his committing offences punishable under Sections 279, 304-A IPC and under Section 187 of the Motor Vehicles Act to which he pleaded not guilty and claimed trial.