STATE OF HIMACHAL PRADESH Vs. DILWAR SINGH

JUDGEMENT

(1.) Instant appeal under Sec. 378 Crimial P.C. has been filed against judgment dated 19.11.2007 passed by the learned Judicial Magistrate 1st Class, Nadaun, District Hamirpur, HP in Cr. Case No. 60-II-2008/146-II-98, whereby respondent-accused has been acquitted of the charges framed against him under Sections 279, 337, 338 and 304(A) IPC.

(2.) Brief facts of the case are that on 24.5.1998, at about 5.00 pm, Mohinder Singh, complainant lodged a complaint with the Police Station Nadaun, stating therein that he alongwith his father namely Kurpal Ram (deceased) was going to Nadaun Bazaar to buy some household articles and unfortunately, at around 7.30 pm, when they were returning to home, and reached place Baghanala near village Nagarda, one Tempo bearing Registration No. JK-02- 4707 (hereafter, 'offending vehicle') being driven by respondent accused, came from Nagarda side towards Hoshiarpur side in excessive speed and struck against complainant's father, who fell down in the drain and succumbed to the injuries on the spot. Driver sped away from the place of occurrence alongwith vehicle but subsequently, he was apprehended by Shri Kuldeep Kumar and Rajesh Kumar, who chased him on a scooter. Complainant, Mohinder Singh further reported that he also came to know from the aforesaid persons that accused, while coming from Hoshiarpur side also caused injury to one Shri Milkhi Ram, at a place known as Baghnala by striking offending vehicle against him at place Doligharana. It was also reported to the police that respondent also caused hurt to aforesaid person Milkhi Ram, while driving offending vehicle in a rash and negligent manner, so as to endanger human life and personal safety of others.

(3.) On the basis of aforesaid complaint, formal FIR Ext. PW-4/A came to be registered at Police Station, Nadaun. Police, after completion of investigation, presented Challan in the competent Court of law, who, being satisfied that prima facie case exists against respondent, put notice of accusation to him, for the commission of offence punishable under Sections 279, 337, 338 and 304 IPC, to which he pleaded not guilty and claimed trial.