LAWS(HPH)-2016-4-284

STATE OF H P Vs. BIPIN KUMAR

Decided On April 27, 2016
STATE OF H P Appellant
V/S
BIPIN KUMAR Respondents

JUDGEMENT

(1.) The instant appeal is directed by the State of Himachal Pradesh against the impugned judgment rendered on 22.02.2007 by the learned Judicial Magistrate, 1st Class, Hamirpur, in Criminal Case No. 151-II-2000, whereby the learned trial Court acquitted the respondent (for short 'accused') for the offences charged.

(2.) Brief facts of the case are that on 1.4.2000 at about 5.40 p.m at place near REC Gate, Hamirpur, accused Bipin Kumar was driving bus bearing registration No. HP-22- 6212. Due to his rash and negligent driving, he hit the bus against the scooter bearing registration No. HP-21-1249. Due to the accident complainant sustained injuries. The injured was moved to the hospital and F.I.R. was registered. Medical examination of the injured revealed that he had sustained simple injuries. Police visited the spot and necessary spot map was prepared. 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 offences punishable under Sections 279 and 337 IPC read with Section 181 of the Motor Vehicles Act to which he pleaded not guilty and claimed trial.