STATE OF H P Vs. OM PARKASH

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the impugned judgment rendered on 31.7.2006, by the learned Judicial Magistrate, 1st Class, Nadaun, District Hamirpur, H.P. in Criminal Case No. 137-II-1998 RBT No. 370-II-2003 whereby the learned trial Court acquitted the respondent (for short 'accused') for the offences charged.

(2.) Facts in brief are that on 2.10.1998 at about 11 a.m. near Panchvati Cross, the accused was driving truck bearing registration No. HP-40-0585 in rash and negligent manner so as to endanger human life and personal safety of others on a public road and due to his rash and negligent driving he struck his truck with a Maruti car bearing registration No. HP18-0475, which was coming from opposite side and thereby caused injuries to the complainant Sanjay Sharma, the driver of the Maruti car. It has been alleged that the matter was reported to the police and FIR Ex. PW-3/A was registered. Rukka is Ex. PW-3/B. The injured was medically examined and his MLC is comprised in Ex. PW-6/A.

(3.) Notice of accusation stood put by the learned trial Court to the accused for his committing offences punishable under Sections 279, 337 of I.P.C, to which he pleaded not guilty and claimed trial.