STATE OF H P Vs. SANJIV KUMAR

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgment of 26.11.2007 rendered by the learned Judicial Magistrate, 1st Class, Nadaun District Hamirpur, H.P. in Criminal Case No.108- II-2005, whereby he acquitted the respondent (for short "accused") for the offences charged.

(2.) Brief facts of the case are that on 16.6.2005 Shri Ravinder Kumar was driving bus bearing registration No. HP-36- 5325 enroute from Dharamshala to Hamirpur and Shri Pawan Kumar was Conductor in the said bus. Around 45 p.m. when the aforesaid bus reached ahead of Jol Sapar near B.Ed college, accused came from Hamirpur side on a motor cycle bearing No. HP-22A- 0250 in an excessive speed and on seeing the vehicle in an excessive speed, the complainant stopped his bus, but the accused could not control the same and struck it against the complainant's bus. Shri Suresh Kumar was also occupying the offending vehicle and as a result of accident, accused and pillion rider fell down on the road and suffered injures on their person. Rapat No. 16 Ex. PW-8/A was entered into the Daily Diary on the same day. On this, HC Amar Nath the, Investigating officer got the accused and pillion rider medically examined at Zonal Hospital, Hamirpur and their MLCs were procured. Accused was found to have suffered simple and grievous injuries on his person whereas the simple injuries were found on the person of the pillion rider. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.

(3.) Notice of accusation stood put to the accused by the learned trial Court qua his committing offences punishable under Sections 279, 337 and 338 of the Indian Penal Code to which he pleaded not guilty and claimed trial.