STATE OF H P Vs. BELI RAM

JUDGEMENT

(1.) The instant appeal stands directed by the State of H.P. against the judgment of the learned Chief Judicial Magistrate, Lahaul-Spiti at Kullu, Himachal Pradesh, rendered on 23.7.2007 in Cr. Case No. 302-I of 2004/364-II of 2005, whereby, the learned trial Court acquitted the accused/respondent herein for his allegedly committing offences punishable under Sections 279, 304-A, IPC and Section 184 of the Motor Vehicle Act (hereinafter referred to as the Act). However, it convicted the accused for his committing an offence punishable under Section 187 of the Act besides sentenced him to face imprisonment uptill the rising of the Court and to pay fine of Rs.500 and in default of payment of fine amount to undergo simple imprisonment for 30 days.

(2.) The facts relevant to decide the instant case are that on 15.6.2004 accused Beli Ram was driving Jeep No. HP-49-1334 from Banjar side towards Larji. At about 9.00 a.m. when the said Jeep reached at Zero Point at Sidhwan the same hit against one Smt. Pritamu Devi who was going towards Banjar. In this accident Smt. Pritamu Devi suffered fatal injuries and died on the spot. After this accident the accused fled away from the spot. This accident was witnessed by Sh. Tabe Ram, complainant who was coming to Sidhwan. He reported the matter to the police and on the basis of his statement FIR was registered in Police Station, Banjar. Thereafter the Investigating Officer completed all the codal formalities.

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