STATE OF HIMACHAL PRADESH Vs. PARTAP SINGH

JUDGEMENT

(1.) The present appeal is maintained by the appellant-State of Himachal Pradesh against the judgment of acquittal of the accused in a case under Sections 279, 337 and 201 of the Indian Penal Code passed by the learned Judicial Magistrate 1st Class, Court No.II, Una, District Una, H.P, dated 5.9.2007, in Criminal Case No.38-I of 1999.

(2.) Briefly stating the facts giving rise to the present appeal are that on 1.8.1998 at place Basal, accused/respondent (hereinafter referred to as 'the accused') was driving a bus bearing registration No.HP-53-0216, on a public road in a rash and negligent manner, so as to endanger human life and personal safety of others and while driving accused struck his bus against a Car bearing No. HIU-70, as a result of which complainant S.K. Nanda, sustained simply injury. Complainant got recorded his statement under Section 154, Cr. P.C with Head Constable Vir Singh and prepared rukka. Thereafter, the same was sent to Police Station for registration of FIR, Ex.PW8/A. The injured was medically examined by PW-10 Dr. Giander Dev and issued MLC Ex.PW4/A. During the course of investigation, bus bearing No.HP-53-0216 and Maruti Car bearing No.HIU-70 alongwith its documents was taken into possession by the police in the presence of witnesses. Both the vehicles are mechanically examined. Reports are Ex.PW2/A and Ex.PW9/A. During the course of investigation, photographs of the vehicle in question were also taken and site plan prepared. The statement of witnesses under Section 161 Cr. P.C were recorded. After completing all the codal formalities, the challan was presented in the Court.

(3.) The prosecution, in order to prove its case, examined as many as 12 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.