STATE OF HIMACHAL PRADESH Vs. CHAMAN LAL

JUDGEMENT

(1.) The present appeal is maintained by the State of Himachal Pradesh (hereinafter called 'the appellant') against the respondent-accused, Chaman Lal, under Section 378 Cr.P.C. against the judgment of acquittal dated 4.7.2007, passed by learned Judicial Magistrate 1st Class, Court No.II, Hamirpur, District Hamirpur, HP in the challan presented before the Court under Sections 279, 337 and 201 of I.P.C.

(2.) Briefly stating the facts giving rise to the present appeal are that, on 4.5.2005, at about 7.45 PM, at place called Bharari Bazar, accused was driving Maruti Alto Car bearing No. HP-28A-0617 in a rash and negligent manner, so as to endanger human life and personal safety of others on the road and consequently, the car was struck with the foot of complainant, Asha Devi and thus, caused simple injuries to her. The accused after causing accident ran away from the spot alongwith vehicle.

(3.) The matter was reported to the police and FIR, Ex.PW-2/A, was registered in the Police Station. Spot map, Ex.PW-4/A, was prepared and medical of the injured Asha Devi was conducted and MLC, Ex.PW-6/A, was issued. Photographs of the spot which are Ex.PW- 7/A to Ex.PW-7/C were got clicked and the negatives of the same are Ex.PW-7/D to Ex.PW-7/F. The car alongwith its documents and keys was taken into possession vide recovery memo, Ex.PW-1/A. Statements of the witnesses were recorded and after finding case under Sections 279, 337 and 201 of I.P.C., challan was presented in the Trial Court.