STATE OF H.P. Vs. BABU RAM

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated

(2.) ND June, 1999 passed by Chief Judicial Magistrate, Dalhousie in Criminal Case No.70-II/94 titled as State Vs. Babu Ram acquitting the accused of the charged offence under Sections 279 and 338 of the Indian Penal Code. 22nd 2. As per the case of the prosecution on November, 1994, the accused was driving bus No.HIC-97 on Sihunta-Kamladi road. When the bus reached a place called as the Chanal bridge, while negotiating a turn leading to the bridge its rear portion hit with the bridge, as a result of which the right arm of a child passenger, Anil alias Bittu broken and had to be amputated. The accident took place due to rash and negligent act of the accused who was driving the bus. Complaint Ext.PW- 1 Whether reporters of Local Papers may be allowed to see the judgment? 1/A was received and rukka Ext.PW-9/A was prepared on the basis of which F.I.R No.108/93 (Ext.PW-9/B) was registered with Police Station, Chuwari under Sections 279 and 338 of the Indian Penal Code. The spot map (Ext.PW-9/C) was prepared and the photographs Ext.P-1 to Ext.P-5 were also taken. The bus was impounded vide seizure memo Ext.PW1/B and the statements of the witnesses were also recorded. The injured was got medically examined and the disability certificate mark-X was obtained.

(3.) BASED on the material on record, the court below acquitted the accused of the charged offence on the ground that the prosecution had failed to prove its case beyond reasonable doubt and from the statements of the spot witnesses it could not be concluded that the accused was driving the bus in a rash and negligent manner.