STATE OF HIMACHAL PRADESH Vs. VISHAL

JUDGEMENT

(1.) The present appeal is maintained by the appellantState of Himachal Pradesh against the judgment of acquittal of the accused in a case under Sections 279 and 337 of the Indian Penal Code passed by the learned Judicial Magistrate 1st Class, Court No.V, Shimla, District Shimla, dated 12.11.2007, in Criminal Case No.12-2 of 2005.

(2.) Briefly stating facts giving rise to the present appeal are that statement under Section 154 Cr. P.C of complainant Hari Krishan (PW-4) was recorded by the Police that he was driving Motorcycle on 18.11.2004, at about 1:15 PM, when he reached near Victory Tunnel, Shimla, a Scooter bearing No.CH-01X-7681 LML Vespa was being driven by the accused (hereinafter referred to as 'the accused') at a high speed. Gurprit Singh was also sitting on the scooter as a pillion rider. Due to the rash and negligent driving of the accused, he struck against his scooter with a lady Kabo Devi. The handle of the Scooter struck with the lady, due to which, she fell upon the STD Board erected on the side of the road. The complainant immediately reported the matter to Head Constable, who was on duty on the spot, who took the injured, namely, Kabo Devi (PW-8) to DDU Hospital, Shimla, for medical examination. During the course of investigation, the Police took into possession the Scooter bearing No. CH-01X-7681, prepared site plan and also procured the MLC of the injured Kabo Devi.

(3.) The prosecution, in order to prove its case, examined as many as 09 witnesses. Statement of the accused was recorded under Section 313 Cr. P.C, wherein he has denied the prosecution case and claimed innocence. No defence evidence was led by the accused.