STATE OF H P. Vs. MANPREET SINGH

JUDGEMENT

(1.) STATE has challenged the acquittal of the respondent for the offences punishable under Section 279 and 304-A of the Indian Penal Code. Heard and gone through the record.

(2.) IN brief, the prosecution case has been that on 12-2-1996 at about 10.00 a.m., Rupender Kumar complainant was standing near a shop in village Tokyo. His grand-father Daya Ram aged about 70 years, was going to fetch a cigarette from the road side shop near-by. In the meantime, respondent came on his Motor Cycle No. UP-07D-3078 and hit Shri Daya Ram just little ahead of the shop of Ram Pal. Ajay Kumar was also present on the spot. Daya Ram fell down on the road with bleeding injuries. Motor Cyclist along with pillion rider fled away from the spot leaving the Motor Cycle behind. The injured was taken to the Hospital. He was medically examined (Exhibit DW2/A) but later on succumbed to his injuries. On the Whether reporters of the Local papers are allowed to see the judgment? Yes. basis of the information by the complainant, FIR Exhibit PW6/B was formally registered. Police visited the spot and prepared the site plan Exhibit PW6/A, took into possession the motor cycle aforesaid vide memo Exhibit PW1/A and its documents. The Police recorded the statements of the witnesses.

(3.) FINDING a prima facie case under the aforesaid sections, the respondent was charge-sheeted but he pleaded not guilty and claimed trial.