STATE OF H P Vs. ASHWANI KUMAR

JUDGEMENT

(1.) The instant appeal stands directed by the State of H.P. against the judgment of the learned Judicial Magistrate 1st Class, Court No.3, Hamirpur, District Hamirpur, H.P. rendered on 21.07.2008 in Police Challan No. 72-II-04, RBT No.437-II-4, whereby, he acquitted the accused/respondent herein for his allegedly committing offences punishable under Sections 279 and 506 of the IPC read with Sections 181, 184 and 196 of the Motor Vehicles Act.

(2.) The facts relevant to decide the instant case are that complainant Ram Narain, Sub Inspector, Enforcement, South Zone, Shimla, made a report at Police Station, Hamirpur, that he had accompanied Dy. S.P. Satish Kumar to Hamirpur. On 20.03.2004, at about 9.15 p.m., he alongwith Rafiq Mohammad and Harnam Singh were going towards rest house through the road that is lying in front of the rest house. A well built person came driving scoooter No. HP-22-2952 in a rash and negligent manner and drove it upon him from the wrong side. He at once took a jump and saved himself. When scooter driver was called to stop, he started abusing them and threatened them to his high contacts. One Banarsi Dass Malhotra, who tried to intervene, was also abused. He was threatened by the scooter driver. On the basis of the aforesaid facts, an FIR was registered in the police station concerned. The police started the investigations in the case and completed all the codel formalities.

(3.) On conclusion of the investigations, into the offences, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed in the competent Court.