STATE OF H P Vs. SANJAY

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the impugned judgment rendered on 31.10.2007 by the learned Chief Judicial Magistrate, Sirmaur District at Nahan, H.P in Criminal Case No. 20/2 of 2005/04 whereby the it acquitted the respondent (for short 'accused') for the offences punishable under Sections 279, 337 and 338 of the Indian Penal Code readwith Sections 181, 192 and 196 of the Motor Vehicles Act.

(2.) The brief facts of the case are that on 6.12.2004 the accused was driving the motorcycle bearing registration No. HP18-4512 on Nahan-Kala Amb State Highway in rash and negligent manner so as to endanger human life and personal safety of others, as a result of which the accused collided his motorcycle against the motorcycle bearing No. HR04-6727 driven by the complainant. As a result of the accident Kali Charan and Satish Kumar sustained simple as well as grievous injuries. The accused was found to be driving the vehicle without driving licence, RC and Insurance certificate. On receipt of information the police visited the spot and recorded the statement of complainant Krishan Lal under Section 154 Cr.P.C. FIR Ex.PW-10/A was registered. The investigating Officer during investigation prepared site plan Ex.PW-10/B. Photographs of the spot Ex.P-1 to P-6 were clicked. The vehicles were taken into police custody vide separate seizure memos Ex.PW-3/A and PW-3/B. Mechanical reports of the vehicles are comprised in Ex.PW-8/A and PW-8/B. 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 338 of I.P.C read with Sections 181, 192 and 196 of M.V Act, to which he pleaded not guilty and claimed trial.