STATE OF H.P. Vs. SURINDER KUMAR

JUDGEMENT

(1.) THE present appeal arises out of judgment dated 17th May, 2000 passed by Judicial Magistrate, Ist Class, Bilaspur, H.P. in Case No. 133/2 of 1997, titled as State vs. Surinder Kumar, acquitting the accused of the charged offence.

(2.) AS per the case of the prosecution, complainant Roop Lal Sharma (PW-4) is the owner of a hotel (Dhabba) situated at Chharol, Bilaspur, H.P. On 31.7.1997 at about 10.45 a.m. he was sitting and having tea alongwith Roshan Lal, Nikru Ram, Shyam Lal and Shiv Ram, when one truck bearing No. HP-24-3564 being driven by the accused came at high speed and hit the "Veramda" (open shed) of the hotel, causing damage to his property. The complainant lodged complaint Whether the reporters of Local Papers are allowed to see the Judgment? (Ext.PW-4/A) on the basis of which FIR dated 31.7.1997 under Sections 279, 336, IPC was registered with Police Station Barmana. The matter was investigated, site plan (Ext.PW-10/A) was prepared, the vehicle was got mechanically examined, report whereof is Ext.PW-6/A and Photographs of the site are Ext.PW-2/A to Ext. PW-2/H. The vehicle was impounded and released on superdari.

(3.) IN order to prove its case, the prosecution examined 10 witnesses and the statement of accused under Section 313, Cr.P.C. was also recorded. No defence evidence was led by the accused.