STATE OF HIMACHAL PRADESH Vs. MOHINDER SINGH

JUDGEMENT

(1.) THE respondent was put on trial and acquitted by the learned Judicial Magistrate, for the offence under Section 279 of the Indian Penal Code, pursuant to the FIR No.37/97, registered in Police Station, Haripur.

(2.) THE state having felt aggrieved and dissatisfied with the impugned judgment of acquittal has filed the instant appeal on the ground that the learned trial court has decided the matter in a slip- shod and perfunctory manner and unrealistic standards to evaluate the direct and cogent evidence of the prosecution were set which has resulted in the miscarriage of justice. Since the reasoning given by the trial court for acquittal of the respondent is unreasonable and unsustainable, the appeal deserves to be accepted.

(3.) IN brief, the prosecution story is that on 15.12.1997, at about 7.20 p.m., the alleged offending bus was being driven by the respondent and was coming from the opposite side of the Maruti Van of the complainant (PW3). There was slight curve. On seeing the bus, complainant stopped his Van, but the back portion of the bus had hit the Maruti Van in its front side damaged door and the head light. The bus was carrying the passengers. While alighting some passengers on the spot by the bus driver, the complainant asked the accused about the damage caused by him to his Car, but in turn the driver of the bus told him that he did not have any time and told him to come to bus stand Kangra. Thereafter, the complainant went to the police post, Ranital and gave his statement Ext.PW3/A, under Section 154 of the Code of Criminal Procedure, on the basis of which FIR Ext.PW4/C was registered in Police Station, Dehra, under the aforesaid section.