STATE OF H.P. Vs. NANAK CHAND

JUDGEMENT

(1.) THE State is in appeal against the judgment dated 20.1.2000 passed by learned Addl. Chief Judicial Magistrate, Dehra, District Kangra in Criminal Case No.108-II/95, acquitting respondent under Sections 279, 304-A IPC.

(2.) THE prosecution case in brief is that respondent was driving Van No.HP-02-2786 on 23.4.1995 from Ranital to Jawalamukhi, at place Balu Gloa, he hit Jhagri Ram at about 6 p.m., Jhagri Ram sustained serious injuries. He was removed to CHC Jawalamukhi and then to Zonal Hospital, Dharamshala where he succumbed to his injuries. On the statement of his son Prakash Chand, FIR No.29/95 was registered at Police Station, Haripur under Whether the reporters of the local papers may be allowed to see the Judgment?Yes Sections 279, 304-A IPC. On completion of investigation challan was put up against respondent and he was charged under Sections 279, 304-A IPC, to which he pleaded not guilty and claimed trial. The prosecution has examined 5 witnesses. Statement of respondent under Section 313 Cr.P.C. was recorded, he pleaded his innocence. No witness in defence was examined by him. The learned Addl. Chief Judicial Magistrate acquitted the respondent, hence, State is in appeal.

(3.) PW -1 Prakash Chand has stated that his father Jhagri Ram died in an accident. He is not an eye witness to the accident. PW-2 Bhumi Singh has stated his mill is on Paeesa road. Jhagri Ram was crossing road on 23.4.1995, taxi No.2786 hit Jhagri Ram and he fell down. The driver took him to Jawalamukhi hospital. He was unconscious. The taxi was in high speed. Jhagri Ram died later on. In cross-examination he has stated that Jhagri Ram had weak eye sight. A bus came from Jawalamukhi side. He has denied that Jhagri Ram in confusion jumped. He was going to the shop and was standing on the road. He denied that accident did not not take place in his presence.