STATE OF H.P. Vs. SAT PAL

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 30th December, 1999 passed by Additional Chief Judicial Magistrate, Kandaghat, District Solan in Criminal Case No.8/2 of 1998 titled as State of H.P. Vs. Sat Pal acquitting the accused of the charged offence under Sections 279 and 337 of the Indian Penal Code and Section 179 of the Motor Vehicles Act.

(2.) AS per the case of the prosecution on 14th September, 1997 at about 7.10 P.M. Mohinder Singh (PW-1) was driving car bearing No.HP-03-1782, belonging to the National Cadet Core (headquarter Shimla), from Sadhupul to Chail, H.P. where the N.C.C. 1 Whether reporters of Local Papers may be allowed to see the judgment? camp was being held. In the car Brigadier D.K.Khana and Colonel M.K.Chauhan were traveling with him. When the car reached at the place near Mohag Garden a bus bearing No.HP.15-2542 driven by the accused at great speed came on the wrong side from the opposite direction and on seeing the same PW-1 stopped his car. However, as the bus was at great speed and on the wrong side due to the rash and negligent driving of the accused the bus collided with the car as a result of which the occupants of the car were hurt and sustained injuries. After the accident the driver of the bus immediately ran away from the place of occurrence. Statement of PW-1 under Section 154 Cr.P.C. (Ext.PW-1/A) was recorded on the basis of which F.I.R.No. 75/97 (Ext.PW-11/A) was registered with Police Station, Kandaghat under Sections 279 and 337 I.P.C and Section 179 of the Motor Vehicles Act. The matter was investigated and the injured were got medically examined. Both the vehicles were impounded and were mechanically examined and the reports are (Ext.PW-8/A) and (Ext.PW-8/B). The injured were also medically examined and Dr.O.P Chaudhary (PW-9) examined the complainant and his M.L.C. is (Ext.PW-9/A).

(3.) IN order to prove its case, the prosecution examined 11 witnesses and the statement of the accused under Section 313 Cr.P.C. was also recorded. The defence taken by the accused is that the prosecution has examined interested witnesses. Based on the material on record, the court below acquitted the accused of the charged offence.