STATE OF H.P. Vs. BALBIR SINGH

JUDGEMENT

(1.) THE matter is heard again. The present appeal arises out of judgment dated 17th February, 2000 passed by Additional Sessions Judge-II, Kangra at Dharamshala, in Criminal Appeal No. 7-N/X/97, titled as Balbir Singh vs. State of H.P., acquitting the accused of the charged offence under Sections 279 and 304-A I.P.C while reversing the judgment of conviction passed by Judicial Magistrate Ist Class, Nurpur, Distt. Kangra, in Cri. Case No.99-1/91,89-2/92. The respondent/accused Balbir Singh was charged and held guilty for commission of offence under Sections 279 and 304-A, IPC and was directed to undergo sentence of rigorous imprisonment 1 Whether reporters of Local Papers may be allowed to see the judgment? for six months and also pay a fine of Rs.1,000/- by Judicial Magistrate Ist Class, Nurpur. The said judgment was assailed by him by way of an appeal and in terms of the impugned judgment the conviction was set aside and the accused was acquitted of the charged offence. The said decision is subject matter of present appeal.

(2.) AS per the case of the prosecution, a complaint was lodged with Police Station-Nurpur that on 7.4.1989 the complainant- Lal Singh his wife Smt. Savitri Devi and his son Shamsher Singh, aged 9 years, were standing in the rain shelter at Dhaki, Nurpur, H.P and waiting for the bus to arrive. Their son, Shamsher Singh, who was having an orange had just stepped out of the rain shelter when the accused who was driving vehicle No. HPK-8369 came at high speed on the extreme left side of the road and hit their son resulting into his instant death. The accident occurred as the vehicle was being driven by the accused rashly and negligently.

(3.) NOTICE of accusation for the offence under Sections 279 and 304-A IPC was put to the accused to which he did not plead guilty and claimed trial. In order to prove its case the prosecution examined 9 witnesses and the statement of the accused under Section 313 of Cr.P.C. was also recorded.