STATE OF H.P. Vs. BIDHU KOHLI

JUDGEMENT

(1.) THIS appeal has been filed by the appellant/State of H.P. against the judgment of the Court of learned Sub Divisional Judicial Magistrate, Kandaghat, dated 31.12.1998, vide which the respondents were acquitted of the charge framed under Sections 279/337/338/304-A I.P.C.

(2.) BRIEF facts of the case are that on 12.5.1992 at about 2.30 P.M., on receipt of a information regarding the accident having taken place in between a truck and gypsy, a police officer went to the spot and found gypsy lying on the middle of the road towards Shimla side and six persons were lying below the gypsy. A truck bearing No. HP 25-0948 facing towards Solan was standing to its left side. A case was registered by the police and after investigation, the challan was filed before the learned trial Court who tried the respondents resulting in their acquittal.

(3.) THE submissions of the learned Additional Advocate General were that statements of two eye witnesses PW5 Kundan Verma and PW7 Prem Kumar coupled with the statement of Investigating Officer PW 11 Ramesh Pathania was sufficient to prove the guilt of respondent No. 1 and the learned trial Court had wrongly rejected the testimony of two eye witnesses by making observations and as such, those findings are liable to be reversed. On the other hand, the learned counsel for the respondents had supported the impugned judgment for the reasons recorded therein.