STATE OF H.P. Vs. TRILOK SINGH

JUDGEMENT

(1.) THE State has filed this appeal against the judgement of acquittal recorded by the learned Chief Judicial Magistrate, Kinnaur on 29.5.1999, acquitting the respondent, under Sections 279, 337 and 338 IPC.

(2.) THE prosecution case in brief is that on 13.11.1996 HC Bhagat Singh was informed about the accident of jeep bearing registration No. HP-02-5393 near Karchham bridge, therefore, he visited the spot and it was found that jeep bearing registration No. HP-02-5393 was coming from Tapri towards Karchham and when it reached near Karchham bridge, it rolled down from the road. Total Whether the reporters of the local papers may be allowed to see the Judgment? three persons were sitting in the jeep, which was being driven by Trilok Singh. The injured were taken to District Hospital. On these facts, FIR No. 29/96 was registered on 13.11.1996 at Police Station, Sangla. After investigation of the case, challan was put up under Sections 279, 337 and 338 IPC, notice of accusation was put to respondent accordingly, to which he pleaded not guilty and claimed trial.

(3.) I have heard the learned counsel for the parties and gone through the record. PW 1 Chain Singh and PW 2 Suresh Kumar are witnesses of taking into possession of vehicle and its documents. PW 3 Om Parkash is a witness of rukka and endorsement Ex. PW 3/A, on the basis of which he recorded the FIR Ex. PW 3/B. PW 4 Mohinder Singh is a witness, who was travelling in the jeep at the time of accident. He has stated that after washing the jeep they were proceeding towards Karchham and respondent- accused was driving the jeep, which rolled down and they suffered injuries. He could not tell how the vehicle rolled down. He was declared hostile and was cross examined by the prosecution. In cross examination by the defence, he has stated that vehicle had hardly covered 30 paces when it all of a sudden rolled down. He has admitted that the vehicle was not in high speed. PW 5 Duni Chand has stated that respondent was driving the jeep. The jeep rolled down on right side just ahead of the bridge and he sustained injuries. There were three persons in the jeep. The jeep was in normal speed. He told the respondent that jeep was going on wrong direction.