STATE OF H.P. Vs. DOGRA RAM

JUDGEMENT

(1.) THIS appeal has been directed against the judgment dated 8.5.2000 passed by learned Sessions Judge, Chamba in Criminal Appeal No.17 of 1998 acquitting the respondent under Sections 279, 304-A I.P.C. after setting aside judgment dated 19.8.1998 passed by learned Additional Chief Judicial Magistrate, Chamba in Criminal case No.25-II of 1998.

(2.) THE prosecution case, in brief, is that PW-1 Mujaid Hussain made a statement Ext.PW-1/A under Section 154 Cr.P.C. and thereupon F.I.R. Ext.PW-6/A was registered on 21.6.1993 at Police Station, Sadar, Chamba under Sections 279, 304-A I.P.C. Whether the reporters of the local papers maybe allowed to see the judgment?

(3.) I have heard the learned Additional Advocate General for the State, Mr.N.K.Thakur, Advocate for the respondent and gone through the record. The learned Additional Advocate General has submitted that respondent was driving the truck rashly or negligently and as a result of his rash and negligent driving he crushed Sriniwas under left rear tyres of the truck, who later on died. The learned Additional Chief Judicial Magistrate had rightly convicted and sentenced the respondent but in appeal the learned Sessions Judge has not appreciated the material on record properly and has erred in acquitting the respondent. The prosecution has proved the case beyond reasonable doubt. He, thus, prayed setting of the impugned judgment and restoration of the judgment passed by the learned Additional Chief Judicial Magistrate convicting and sentencing the respondent. The learned counsel for the respondent has supported the impugned judgment. He has submitted that prosecution has miserably failed to prove the guilt of the respondent. The learned Sessions Judge has rightly acquitted the respondent.