STATE OF H P Vs. DEV DUTT

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the judgment rendered on 09.07.2007 by the learned Judicial Magistrate 1st Class, Court No.II, Hamirpur, H.P., in Police Challan No. 49-II-2005, whereby, he acquitted the accused for his allegedly committing offences punishable under Sections 279, 337 and 201 of the IPC.

(2.) The facts relevant to decide the instant case are that on 27.10.2005, at about 6.30/700 p.m., at place near Dasmal Chowk, accused was driving vehicle No. HP-67-0984 on a public way in a rash and negligent manner so as to endanger to human life and personal safety of others on the road. While driving the offending vehicle in rash and negligent manner, the accused struck it with one Prithi Chand, who was standing by the side of the road near his tractor and thus the accused caused simple injuries on his person. The accused aver the incident alleged to have fled away in his vehicle with intend to cause disappearance of evidence. Consequently, FIR was registered in the police station concerned. Thereafter, the Investigating Officer concerned completed the codel formalities.

(3.) On conclusion of the investigations, into the offences, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed before the learned trial Court.