STATE OF H.P. Vs. KAMAL DEV

JUDGEMENT

(1.) THE State is in appeal against the judgment of acquittal recorded by learned Additional Chief Judicial Magistrate, Court No.1, Una dated 11.1.2000 in case No.73-II-96/94 acquitting the respondent under Sections 279, 337 and 338 I.P.C.

(2.) THE facts in brief are that complainant Gurdeep Singh was riding cycle on 9.12.1993 from Ghaluwal to Jhalera, Datta Ram was sitting on the carrier of the cycle. At about 7.50 P.M. when Gurdeep Singh crossed Swan bridge, a truck bearing No. HPG-2923 being driven rashly and negligently by respondent came from the opposite side and hit the cycle as a result of which Gurdeep Singh and Datta Ram fell down and Datta Ram sustained injuries over his forehead. Whether the reporters of the local papers maybe allowed to see the judgment?Yes The matter was reported to the police and accordingly FIR No. 523 of 1993 was registered at Police Station, Una. The case was investigated and a challan was put up in the Court against the respondent, notice of accusation was put to the respondent under Sections 279, 337 and 338 IPC to which he pleaded not guilty and claimed trial. The prosecution examined twelve witnesses and the evidence of the prosecution was closed by order of the Court on 22.11.1999. The statement of respondent was recorded under Section 313 Cr.P.C., he denied the case of the prosecution and pleaded his innocence, but the respondent did not lead any defence evidence. The learned trial Court after conclusion of the trial, acquitted the respondent as noticed above, hence this appeal.

(3.) THERE is no independent eye witness of the occurrence. In this situation, the statements of Gurdeep Singh and Datta Ram are important. The prosecution has examined Gurdeep Singh as PW1. He has stated that on 8/9-12-1993 at about 7.30 P.M. he was going on cycle from Saloh to Jhalera and Datta Ram was also sitting on the cycle. A truck came from the opposite side. He did not remember the registration number of the truck. The truck struck against the cycle. The speed of the truck was fast. Datta Ram received injuries. The accident took place due to the negligence of the driver. He inquired the number of the truck from Toll Tax barrier, which was HPG-2923. PW6 Datta Ram has stated that on 9.12.1993 he was going from Ghaluwal to Jhalera while sitting on the carrier of the cycle of Gurdeep. At about 7.30 P.M. when they crossed Swan bridge, a truck came from the opposite side and the rear side of the truck struck against his forehead and he fell down and became unconscious. He was taken to Una and then to PGI and he regained consciousness on the third day. The truck was on the wrong side and the cycle was on the right side. PW9 Tarsem Lal is the owner of truck No. HPG-2923 and has stated that respondent was driver of that truck and on 9.12.1993 he had taken the truck from Nangal to Gagret loaded with fertilizer. He came to know later on that the truck was involved in the accident. PW11 Surti Ram is the Investigating Officer. He recorded the statement Ex.PW1/A of Gurdeep Singh. In cross-examination he has stated that Gurdeep Singh did not disclose the name or other particulars of the truck driver. Datta Ram also did not disclose name or other particulars of truck driver. PW12 Ravinder Nath has stated that he was working on Jhalera barrier. On 9.12.1993 truck No. HPG-2923 crossed the barrier and proceeded towards Ghaluwal and to this effect receipt No. 1519 was issued. The other prosecution witnesses are not material for the decision of the case.