STATE OF H P Vs. BALVINDER KUMAR

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the impugned judgment rendered on 2.1.2008 by the learned Judicial Magistrate 1st Class, Court No.4, Mandi, Himachal Pradesh, in Police Challan No.255/I/04/255/II/04, whereby she acquitted the respondent (for short 'accused') for the offences charged.

(2.) The brief facts of the case are that on 21.3.2004 at about 9.00 a.m. at Nerchowk accused Balvinder Kumar was driving a Maruti van bearing No.HP-02-6573 in a rash and negligent manner and at the same time complainant Parma Ram, alongwith Chavi Ram, was walking by the side of the road with his bullocks and the accused while driving the car rashly and negligently hit the complainant causing injuries to him. The injured/complainant was taken to hospital for medical treatment. A case was got registered against the accused, police visited the spot, prepared the site plan and took into possession the Maruti van bearing No. HP-02-6573 for its mechanical examination. After recording the statements of the witnesses and completion of the investigation, the accused was challaned under Sections 279, 337 and 338 of the Indian Penal Code. After completing all codal formalities and on conclusion of the investigations 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 338 of the Indian Penal Code to which he pleaded not guilty and claimed trial.