STATE OF H.P. Vs. RAMESH CHAND

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 18.1.2000 passed by the Judicial Magistrate Ist Class(II), Hamirpur in Criminal Case No. 33-I of 1996 titled as State v. Ramesh Chand, acquitting the accused of the charged offence.

(2.) VIDE DD entry No. 5 dated 17.11.1996 entered with Police Station, Hamirpur, it was recorded that at about 8.30 A.M. in between Chabutra and Bharwali, a Tractor and Bus met with an accident. Based on the same, a police team for investigation was dispatched and FIR No. 67/96 dated 17.11.1996 (Ext.PW- 8/A) was registered under Sections 279 and 427 IPC with Police Station, Sujanpur at about 11.00 A.M.

(3.) AFTER completion of the investigation, challan was presented in the Court and the accused was summoned. Notice of accusation was put to the accused who did not plead guilty and the matter was put to trial. In all, the prosecution examined eight witnesses and thereafter the statements of the accused u/s 313 Cr.PC was recorded.