STATE OF HIMACHAL PRADESH Vs. RAKESH THAKUR

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the judgment of acquittal rendered on 16.9.2008 by learned Judicial Magistrate, 1st Class, Kandaghat, District Solan, H.P. in criminal case No. 12/2 of 2006 embodying therein offences punishable under Sections 279, 337,338, 304-A of the Indian Penal Code and under Section 187 of the Motor Vehicles Act.

(2.) The facts relevant to decide the instant case are that on 17.4.2006 at about 9:20 a.m. one information has been received in the Police Station, Kandaghat that an accident has taken place near Destination Hotel. On this information ASI Rupender Kumar along with Constable Bali Ram visited the place of occurrence. On enquiry, it was found that the driver of the truck No. HP-51-1256 was driving the truck in rash and negligent manner and was going from Shimla to Solan and scooter No. HP-14-A-2156 which was being driven by Dev Raj was going from Solan to Shimla. Dev Raj was with his daughter Lata Sharma. The scooter was hit by the truck in question from wrong side, due to which Dev Raj Sharma and his daughter Lata Sharma sustained grievous injuries. The injured were taken to hospital at Kandaghat and thereafter they were referred to Zonal Hospital, Solan for further medical aid. From Zonal Hospital, they were referred to PGI, Chandigarh. In the way Dev Raj succumbed to his injuries and he was brought back to Zonal Hospital Solan, where post mortem of his dead body was conducted and police obtained the post mortem report. The accident is claimed to have taken place due to the rash and negligent driving of truck No. HP-51-1256 by the accused. During the investigation, police prepared spot map. MLC of injured Lata Sharma with respect to injuries sustained by her on her person was obtained by the police.

(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.