STATE OF H P Vs. RAJ KUMAR

JUDGEMENT

(1.) The instant appeal is directed by the State of Himachal Pradesh against the impugned judgment rendered on 28.12.2007 by the learned Judicial Magistrate, 1st Class, Court No. VI, Shimla in Criminal Case No. 45-2 of 2007/06, whereby the learned trial Court acquitted the respondent (for short 'accused') for the offences charged.

(2.) The brief facts of the case are that on 9.9.2006 at about 2.20 p.m. near Goyal Motors, Tara Devi, Shimla, accused Raj Kumar was driving a bus No. HP-63-1446 on public high way in a rash and negligent manner and collided his bus with Mahindra Pick Up No. HP-63-0569. In this regard complainant Ramesh Kumar made a complaint to the police under Section 154 Cr.P.C. Police went to the spot and prepared the spot map. Statements of witnesses under Section 161 Cr.P.C. were recorded and police taken into possession the aforesaid vehicles vide separate memos. The accused was arrested by the police and after that accused was released by the police on bail. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.

(3.) Notice of accusation stood put to the accused by the learned trial Court for his committing offence punishable under Section 279 IPC to which he pleaded not guilty and claimed trial.