STATE OF HIMACHAL PRADESH Vs. KULDEEP SINGH

JUDGEMENT

(1.) THE respondent was put on trial and acquitted under Sections 279, 337, 338, 304-A of the Indian Penal Code and Section 185 of the Motor Vehicles Act, in Police Challan No.166-1/1993 RBT No.79-II/1994, decided on 13.2.1998, by the Judicial Magistrate, Hamirpur, which has been assailed in this appeal.

(2.) THE factual matrix of the case is that on 15.4.1993, the respondent was the driver of truck HIU-3837. The said truck was carrying a marriage party. When it reached near village Kacherha, on the public way, at about 11 AM, the respondent lost its control, consequently it went off the road, rolled down in the field, leaving Pratap Singh @ Pinku, Kuldeep Singh @ Jogi, dead on the spot and Kamal Kishore and Manohar Lal injured persons had died in the hospital at Bhoranj later, due to accidental injuries, whereas, out of about fifty other members of the marriage-party, who were the occupants of the said truck, Harish Kumar, Amin Chand, Rajesh Kumar, Rattan Chand, Desh Raj, Tej Ram, Rakesh Kumar, Hem Chand, Surjit Singh, Mahant Ram, Prakash Chand, Pawan Kumar, Shambhu Ram, Paras Ram, Ranbir Singh, Prem Chand, Prakash Chand and Sanjay, sustained simple injuries, whereas, Anil Kumar, Joginder, Suresh Kumar, another Joginder Singh, Ishwar Dass, Nand Lal, Lekh Ram and Lekh Raj sustained grievous injuries. The respondent was allegedly drunk, he and the cleaner of the truck had absconded. The case was registered.

(3.) THE charges were framed and put to the respondent, to which he pleaded not guilty and claimed trial.