STATE OF HIMACHAL PRADESH Vs. VED PARKASH

JUDGEMENT

(1.) THE respondent was charge-sheeted for the offence under Sections 279 and 427 of the Indian Penal Code read with Sections 181 and 184 of the Motor Vehicles Act. After the complete trial, he was acquitted by the learned Chief Judicial Magistrate.

(2.) THE State has felt aggrieved and dissatisfied by the impugned judgment of acquittal, as such, assailed it on law and facts by way of filing the instant appeal.

(3.) THEY had a narrow escape by the negligent act of the respondent, but the truck had hit a scooter parked on the road and then dashed against a Khokha of the complainant and finally with the tree. The complainant alleged the loss of his property to the tune of Rs.5,000/-. The respondent is alleged to have consumed the liquor. Said driver along with his cleaner fled away from the place. The complainant got recorded his statement Ext.PA under Section 154 of the Code of Criminal Procedure. The police investigated the case, took into possession the truck along with documents, recorded the statements of the witnesses and also took the photographs Exts.PW2/A to E. The truck was got mechanically examined by PW3. There was no defect in the truck. After completing the investigation, challan was presented in the court, against the respondent under the aforesaid sections.