STATE OF H P Vs. SANJEEV KUMAR

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the impugned judgment rendered on 24.8.2007, by the learned Judicial Magistrate, 1st Class, Solan, H.P. in Criminal Case No. 246/2/04/2003 whereby the learned trial Court acquitted the respondent (for short 'accused') for the offences charged.

(2.) Facts in brief are that on 2.4.2003 at about 8.15 a.m. in police station information regarding an accident was received. On receiving the information aforesaid, HC Ranjit Singh, C Durga Dutt and C Krishan Kumar and C Gurdev proceeded to Dharampur Hospital. When HC Ranjit Singh alongwith other police officials reached near the gate of the police station, one Tata Sumo vehicle bearing registration No. HP-01-8453 came there in which there was a person in unconscious condition. The MLC was procured of the said person from CHC, Dharampur. The victim was unable to disclose his name and address. Thereafter for further treatment the injured was referred to PGI. Shri Chet Ram, complainant made a statement under Section 154 Cr.P.C before the police that he is a driver in HRTC Bus Rohru Depot. On 2.4.2003 he was driving HRTC Bus bearing No. HP-10-0391 from Chandigarh to Gushali. At about 8.15 a.m. he parked his bus at Sanwara for the purpose of refreshment. The passengers alighted the bus. One passenger standing in the bus after alighting it stood up by the side of the bus. Then from Solan side, a Tata sumo vehicle being driven at high speed struck against the passenger. The passenger fell on the road.

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