STATE OF H.P. Vs. RAMA NAND

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 27th June, 2000 passed by Sub Divisional Judicial Magistrate, Rampur in Criminal Case No.117-2 of 1998 titled as State of H.P. Vs. Rama Nand acquitting the accused of the charged offence under Sections 279, 337, 338 and 304-A of the Indian Penal Code.

(2.) AS per the case of the prosecution, on 4th March 1998 at about 11.30 A.M., bus bearing No. HP-06-2046 was being driven by the accused at a high speed on its way to Pathbangla from Rampur. Shri Jai Parkash and Dhani Ram who were standing on the road at the relevant time and place were hit with the rear window of the bus as a result of which both of them fell on the ground below the road and sustained 1 Whether reporters of Local Papers may be allowed to see the judgment? injuries. F.I.R. No. 73/98 (Ext.PW-8/A) was lodged with the police Station, Rampur under sections 279, 336 and 337 of the Indian Penal Code. Both Jai Parkash and Dhani Ram were rushed to hospital. Jai Parkash succumbed to his injuries on the way. His M.L.C. Ext.PB and post mortem report Ext.PC. are on record. Dhani Ram was got medically examined vide report Ext.PA.

(3.) IN order to prove its case, the prosecution examined nine witnesses and the statement of the accused under Section 313 Cr.P.C. was also recorded where the defence taken was that Dalak Raj a passenger had opened the rear window of the bus as a result of which pedestrians felled down and sustained injuries.