STATE OF HIMACHAL PRADESH Vs. MUKESH KUMAR

JUDGEMENT

(1.) THIS is an appeal filed against the judgment of the court of learned JMIC, Court No.1, Mandi, dated 26.5.1999, vide which the respondent was acquitted of the charge under Section 278 and 304-A IPC.

(2.) BRIEFLY stated the facts of the case are that on 10.6.1995, at about 4.00 p.m. near Chakar Puli, the accused was driving the bus No.DL-IP-6599 coming from Sundernagar side towards Ner Chowk. Deceased Nika Ram alongwith Shobha Ram were walking on their left side when the bus driven by the accused struck against Nikka Ram, who fell on the road and was crushed under the tyre of the bus. Nikka Ram suffered grievous injury on his left leg and was shifted to the Hospital where he died. A case was registered on the basis of the statement made by Shobha Ram who was accompanying the deceased and after investigation, the challan was filed before the learned trial court, who tried the respondent under the above sections resulting in his acquittal.

(3.) THE submissions made by the learned Additional Advocate General were that the identity of the respondent had been established from the statement of PW-8 Todar Mal, but his statement was not relied upon by the trial court wrongly and the conclusion drawn by the learned trial court cannot be said to be correct and as such those findings are liable to be reversed.