(1.) The instant appeal stands directed by the State of Himachal Pradesh against the judgment of acquittal pronounced on 29.6.2006, by the learned Chief Judicial Magistrate, Sirmour, District Nahan, H.P. upon criminal case No.28/2 of 2005/04, whereby findings, of acquittal were returned upon the respondent, for his allegedly committing offence(s) punishable under Sections 279, 336, 337, 338 of the Indian Penal Code and under Section 181 of the Motor Vehicles Act.
(2.) The facts relevant to decide the instant case are that on 12.11.2004, at about 6:30 p.m. at Sain-ki-Sair, Tehsil and Police Station, Sadar Nahan, the accused was driving truck bearing No. HR-58A-6666 in a manner so rash or negligent so as to endanger human life and personal safety of others and as a result of such rash or negligent driving of the accused, Lokesh Kumar pillion rider of motor-cycle bearing No. HP18A-0988 sustained multiple simple and grievous injuries on his person. The accused kept the window of left side of his vehicle open.
(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.