(1.) The present appeal is directed against the judgment dtd. 25/8/2014, passed by learned Additional Chief Judicial Magistrate, Palampur, District Kangra, HP (learned Trial Court), vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of offences punishable under Ss. 279, 337 and 338 of the Indian Penal Code (IPC). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)
(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan before the learned Trial Court against the accused for the commission of offences punishable under Ss. 279, 337 and 338 of the IPC. It was asserted that informant Sada Nand (PW2) was returning to his home on a motorcycle bearing Registration No. HP-37B-2988, which was being driven by Banti @ Vivek Kumar (PW3). A car bearing the registration no. HP-39B-2236 overtook another car near Dairy Farm and hit the Motorcycle. The informant Sada Nanad (PW2) and Vivek Kumar (PW3) sustained injuries. Baldev Singh (PW5) took the injured to the Hospital. The accident occurred due to the rash and negligent driving of the driver of the car bearing the registration no. HP-39B-2236. An intimation was given to the police regarding the accident, and an entry (Ex.PB2) was recorded in the daily diary. ASI Roop Lal (PW8) went to the hospital to verify the correctness of the information. He filed an application (Ex.PW8/A) for conducting a medical examination of the injured and obtained the MLCs of Sada Nand (Ex. PA) and Vivek Kumar (Ex. PB). ASI Roop Lal recorded Sada Nand's statement (Ex.PW2/A) and sent it to the police station where the FIR was registered. ASI Roop Lal went to the spot and clicked the photographs (Ex.PA1 to PA4). He prepared the site plan (Ex.PW8/B) and seized the motorcycle bearing registration No. HP-37B-2988 and its documents vide memos (Ex.PW4/A and Ex.PW3/A). He also seized the car bearing registration No. HP-37B-2236 along with documents vide memo (Ex.PW1/A). Prem Singh (PW6) examined the vehicles and found that there was no defect in the vehicles, which could have led to the accident. He issued mechanical reports (Ex.PW6/A and Ex.PW6/B). Vivek Kumar was referred to a higher institution for his treatment, and his medical history (Ex.PE and Ex.PF) was obtained. The statements of prosecution witnesses were recorded as per their version, and after the completion of the investigation, the challan was prepared and presented before the learned Trial Court.
(3.) The learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, a notice of accusation was put to him for the commission of offences punishable under Ss. 279, 337 and 338 of the IPC, to which he pleaded not guilty and claimed to be tried.
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