STATE OF H P Vs. GIRDHARILAL

JUDGEMENT

(1.) THIS is an appeal filed by the Appellant/state of H. P. against the judgment of the Court of learned Judicial Magistrate 1st Class, Dharamshala, dated 27-2-1999 and order dated 4-5-1999, vide which the respondent was held guilty under Section 279 and 304-A, ipc but was released under Section 4 of Probation of Offenders Act.

(2.) BRIEFLY stated the facts of the case are that a challan was filed before the learned trial Court under the above sections on the allegations that the respondent was driving jeep No. DL-9683 rashly and negligently on 9-12-1984 and it hit Smt. Prakasho Devi and then one Jai Ram and thereafter it rolled down. The death of said Jai Ram took place and challan was filed before the learned trial court under the sections mentioned above. Notice of accusation under Section 251, Cr. P. C. was issued to the respondent who pleaded not guilty. The learned trial Court tried the respondent under the above sections and held the respondent guilty, though the specific sections under which he was held guilty have not been mentioned in the concluding para. However, instead of sentencing the respondent, the learned trial court called for the report of the Probation. Officer and released the respondent under section 4 of the Probation of Offenders Act.

(3.) BEING aggrieved by the judgment of the trial Court releasing the respondent under Section 4 of the Probation of Offenders Act, the present appeal has been filed by the appellant. A notice of appeal was issued to the respondent.