STATE OF H P Vs. ASHRAF ALI

JUDGEMENT

(1.) The instant appeal is directed by the State of Himachal Pradesh against the impugned judgment rendered on 29.11.2006, by the learned Judicial Magistrate, 1st Class, Nahan, District Sirmaur in Criminal Case No. 81/2 of 2005, whereby the learned trial Court acquitted the respondent (for short 'accused') for the offences charged.

(2.) The brief facts of the case are that on 20.7.2005 at about 7.20 a.m. at place Moginand, accused was found to be driving bus bearing registration No.HP-18-3578 in rash and negligent manner. It is further alleged that while the accused was driving the aforesaid bus in rash and negligent manner, struck the same with Mr. Ram Chander, resulting into simple as well as grievous injuries to him, who later on succumbed to the injuries. On receiving the telephonic message from Medical Officer, HC Sunder Singh went to the Zonal Hospital, Nahan and recorded the statement of the complainant Sh. Yogesh Kumar under Section 154 Cr.P.C. 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, 337 and 304-A of I.P.C, to which he pleaded not guilty and claimed trial.