(1.) Instant criminal appeal filed under Section 378 of the Code of Criminal Procedure is directed against the judgment dated 19.5.2016 passed by Chief Judicial Magistrate, Kangra at Dharamshala, District Kangra, H.P. in Criminal Case No. 155-II/2013, whereby, respondent (hereinafter accused) has been acquitted of the charges framed against him under Section 279, 337 and 338 of Indian Penal Code.
(2.) Briefly stated facts as emerge from the record are that police on the basis of statement having been made by PW-2 namely Dinesh Kumar under Section 154 Cr.P.C, registered a case against the accused. Aforesaid complainant disclosed that he is having a shop in the name and style of Shimla Auto Workshop in Shahpur Bazaar, near UCO Bank. As per complainant, on 24.5.2012 when he was at his shop, his landlord namely Subhash Nag came to the shop at about 3:40 p.m. He further reported that when his landlord started going back, he also came out of shop. He also stated that when Subhash Nag was standing at a distance of 15 meters from his shop, a motorcycle came from Dramman side in high speed and struck against Subhash Nag, as a result of which, he suffered injuries. Complainant further stated that he lifted Subhash Nag from the spot and then his son Narender Nag also came on the spot and took him to C.H.C. Shahpur for treatment. Complainant reported that the registration number of the motorcycle was HP-54A-0625, whereas name of motorcycle rider was Praveen Kumar. Complainant categorically reported to the police that accident took place due to rash and negligent driving of the accused namely Praveen Kumar. Police after completion of investigation presented the challan in the competent Court of law.
(3.) Learned Chief Judicial Magistrate, Kangra at Dharamshala, District Kangra, HP, after satisfying itself that prima facie case exists against the accused put a notice of accusation to him for having committed offences punishable under Sections 279, 337 and 338 of I.P.C and section 181 of Motor Vehicle Act, to which he pleaded not guilty and claimed trial.