STATE OF H.P. Vs. YASH PAL

JUDGEMENT

(1.) THE State is in appeal against the judgment dated 13.9.1999 passed by learned Addl. Chief Judicial Magistrate, Kandaghat, Camp at Solan, District Solan in Cr. Case No.39/2 of 1997/96 acquitting Yash Pal accused in case arising out of FIR No.214 dated 20.9.1996, Police Station, Solan under Sections 279 and 338 IPC.

(2.) THE brief facts are that on 20.9.1996 at about 4 p.m. near D.C. office, Solan while driving motorcycle No.HIA 1655 respondent hit a school going boy Ujwal Jayoti with his motorcycle and caused grievous injuries on the right leg of the said boy. On the basis of statement under Section 154 Cr.P.C. of Leela Dutt traffic constable, FIR was registered against respondent and after completion of the investigation challan was put up in the Court, notice of accusation under Sections 279 and 338 IPC was put to respondent to which he pleaded not guilty and claimed trial. The prosecution examined 11 witnesses. The statement of respondent was recorded under section 313 Cr.P.C. and according to respondent he was driving the motorcycle in a normal speed. He denied rash and negligent driving of motorcycle on his part. The learned Addl. Chief Judicial Magistrate acquitted the respondent, hence appeal.

(3.) PW -1 Leela Dutt has stated that on 20.9.1996 he was on traffic duty near D.C. office, Solan. At about 4.20 p.m. a motorcycle bearing No.1655 came from Saproon side and hit the boy who was standing near the chowk, as a result of which the boy sustained injuries on his right leg. The respondent was driving the motorcycle. His statement Ex. PW-1/A under Section 154 Cr.P.C. was recorded. In cross-examination he has stated that motorcycle came from Saproon side and was going towards Rajgarh road. He signaled the motorcyclist to go towards Rajgarh road. He has also stated that only on his signal the motorcyclist turned towards Rajgarh road. He has denied the suggestion that victim came running and struck against the motorcycle.