(1.) The present appeal under Sec. 377 of the Code of Criminal Procedure is maintained by the appellant-State of Himachal Pradesh against the impugned judgment for enhancement of sentence in a case under Sections 279, 337 and 338 of the Indian Penal Code passed by the learned Judicial Magistrate 1st Class, Court No. 2, Shimla, District Shimla, (H.P), dated 23.7.2007, in Police Challan No. 4/2 of 2004.
(2.) Briefly stating the facts giving rise to the present appeal are that on 20.2004 at about 9:00 PM, at Nav Bahar, Mohinder Singh (hereinafter referred to as 'the complainant') was returning from Chhota Shimla along with his brother-in-law Virender Kumar (PW-4), in bus bearing No. HP-51-1337 and they were to get down near Gas Agency Nav Bahar. He asked the conductor to stop the bus, on this Conductor whistled and driver stopped the bus. Virender Kumar (PW-4) got down and when he was about to get down, driver-accused (hereinafter referred to as 'the accused') at once drove the bus and fell down and sustained injuries. The accident has taken place due to rashness and negligence of the driver and conductor of the aforesaid bus. On the statement of complainant, FIR was registered with Police Station, Dhalli and investigation was conducted by HC Suraj Prakash of Police Post Sanjauli. Investigating Officer prepared site plan and recorded the statements of witnesses, as per their version. After completion of the investigation, challan was presented in the Court.
(3.) The prosecution, in order to prove its case, examined as many as seven witnesses. Statement of accused was recorded under Sec. 313 Cr.P.C, wherein he has denied the prosecution case and claimed innocence. No defence was led by the accused.