STATE OF H.P Vs. PAWAN KUMAR

JUDGEMENT

(1.) THE respondent was acquitted of the charges, by the learned trial court framed against him under section 279, 337, 304-A and 201 of the Indian Penal Code and also under sections 132,133, 134 and 187 of the Motor Vehicles Act, which has been assailed by the State in this appeal.

(2.) I have heard the learned counsel for the parties and gone through the record. Precisely, the case of the prosecution has been that on 16.3.1998, Chaman Lal Complainant was the pillion rider with the deceased Rup Lal on Scooter No. PB.04A-8085. At about 5.30 p.m. when Whether reporters of the Local papers are allowed to see the judgment? Yes. his scooter reached near Sarad Nallah, a white colored Jeep came from the opposite side, which was being allegedly driven rashly and negligently by the respondent and it hit the scooterist and fled away from the spot. The complainant as well as the pillion rider fell off the Scooter, on road and sustained grievous injuries. A teacher named Santosh and another person Shera who was a contractor, came to the spot. They took both the injured to A.C.C.Hospital for their treatment. Rup Lal was serious, he was referred to PGI at Chandigarh where he died on the next day. Chaman Lal was unable to read the number of the Jeep. Sher Singh had telephonically informed the police about the accident, rapat Ex.PW7/A was recorded in the police station at about 6 p.m.

(3.) TO prove the charges, prosecution examined its witnesses. Respondent was also examined under section 313 Cr.P.C. He had denied the accident in question. In other words his case was of denial simpliciter. The respondent did not lead any defence evidence. At the end of the trial, the respondent was acquitted and his acquittal has been assailed in this appeal, on the ground that the learned trial court did not appreciate the evidence on record in its right perspective.