STATE OF HIMACHAL PRADESH Vs. RAJINDER SINGH

JUDGEMENT

(1.) THE instant appeal has been directed by the State of Himachal Pradesh, feeling aggrieved and dissatisfied by the judgment of acquittal passed by the Judicial Magistrate Ist Class, Bilaspur, in Criminal Case No. 236/1 of 1997 (157/2 of 1997), on 24th April, 1999 whereby the respondent was acquitted of the charges under Sections 279/337 of the Indian Penal Code read with Section 185 of the Motor Vehicles Act.

(2.) IN brief, the facts giving rise in the instant appeal are that Shri Pal Singh alias Kumar (PW1) was the driver of Martui Van No.HP-02-4067. He was on his way to Shimla from Mandi alongwith Ashok Kumar (PW2) and his wife, passengers. Near School at village Beri, at about 7.45 a.m., one truck bearing No.HP-23-1547 being driven by PW5 Subhash Chand was ahead of Maruti Van and another truck of HPSEB, bearing registration No.HPC-831 was behind the Maruti Van, driven by the respondent. It is alleged that Subhash Chand (PW5) had applied breaks of his truck suddenly on seeing the children crossing the road near the School. Consequently, Pal Singh also applied the breaks of his Maruti Van, in that process respondent driven truck No.HPC-831 hit the Maruti Van from behind and got caught up between truck No. H.P.23-1547 and alleged offending truck No.HPC-831. PW-1 got injured and his Van was badly damaged. The matter was reported to the police by Sh. Baldev Chauhan (PW9) telephonically, who was the occupant of Truck HPC 831, belonging to HPSEB; on this Rapat No.27 was recorded, on the basis of which FIR Ext.PW1/B was formally registered against the respondent.

(3.) ON going through the record of the challan as well as documents appended thereto, prima-facie, the learned trial court was of the opinion that it was a case under Section 279/337 of the Indian Penal Code read with Section 185 of the Motor Vehicles, Act. Accordingly, the notice of accusation was put to the respondent under Section 251 of the Code of Criminal Procedure. The respondent denied the allegations, accordingly the trial started.