STATE OF H.P. Vs. GIAN SINGH

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 22.6.2000 passed by the Chief Judicial Magistrate, Shimla, in Criminal Case No. 204/2 of 1995 titled as State v. Gian Singh, acquitting the accused of the charged offence.

(2.) AS per the case of the prosecution, on the basis of the information received in the Police Station (West), Shimla, on 29.3.1995, ASI Sant Ram (PW-6) along with H.C. Sanjay Kumar & H.C. Duni Chand proceeded to investigate the accident which had taken place on the National Highway No. 21 in between Taradevi and Shoghi, District Shimla, H.P. On preliminary inquiry, it was found that one vehicle D.C.M. Toyota bearing No. HIS-3175 had hit the cyclist Shri Kalu Ram alias Sukh Ram who died at the spot. Rukka Ext.PW-6/A was sent to the police station on the basis of which FIR Ext.PW-6/B was registered with Police Station, Boileauganj, Shimla under Sections 279 & 304-A IPC. The investigation was carried out and the deceased Kalu Ram was taken to the hospital where his post mortem was conducted and post mortem report Ext.PW-6/E was taken by the Investigating Officer. The inquest report Ext.PW-6/D, site plan Ext.PW-6/C was also obtained/prepared. The photographs Ext.PW-3/A to Ext.PW-3/E were taken and the vehicle was also got mechanically examined vide mechanical report Ext.PW-2/A.

(3.) THE Court below, acquitted the accused of the charged offence for the reasons that there was no evidence to convict the accused as none had seen the occurrence of the accident resulting into the death of deceased Kalu Ram. I have examined the record as also the statements of the witnesses.