STATE OF H.P. Vs. RAGHUBIR SINGH

JUDGEMENT

(1.) THE respondent was prosecuted in criminal case No.9-2 of 1996 for offences punishable under sections 279, 337 and 338 of the Indian Penal Code in the court of Judicial Magistrate Ist Class, Nurpur and was acquitted on 4.5.1999. The State has filed this appeal against the acquittal of the respondent-accused.

(2.) THE brief facts of the case are that on 16.5.1995 at about 2.45 P.M. the complainant was driving bus No. HP-38-3551 from Shahpur Terrace to Jassur. It is alleged that while the bus reached near Bhadwal, Mauza Chhattarahar in the meantime one bus No. HP-38-3636 driven by the accused came from the side of Raja-Ka-Talab in a high speed and went out of control. It is further alleged that as a result of high speed, bus No. HP-38-3636 collided with bus No. HP-38-3551 from the back side. Both the buses over turned resulting in injuries to the passengers and the 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. complainant. The FIR was registered on the basis of the complaint lodged by PW-1 Ajit Kumar. The prosecution had examined as many as 15 witnesses. The accused-respondent was examined under section 313 of the Code of Criminal Procedure. The trial court on the basis of the evidence led by the prosecution came to the conclusion that it has failed to prove the case against the respondent vide judgment dated 4.5.1999.

(3.) MR . Rahul Mahajan, Advocate had supported the judgment dated 4.5.1999