STATE OF HIMACHAL PRADESH Vs. DHARAM SINGH

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgement of acquittal recorded by the learned Judicial Magistrate 1st Class, Court No.3, Shimla whereby he pronounced an order of acquittal upon the accused qua the offences allegedly committed by him.

(2.) The brief facts of the case are that on 4.6.2004 complainant Anil Kumar was driving taxi bearing No. HP-02-4098 and was on its way from Longwood to Kanlog. It is alleged that Saran Singh was sitting inside the vehicle and his daughter was also boarding the same taxi. It is alleged that at about 9.10 a.m when he reached at Naltu where one truck bearing No.HR-69- 2333 was coming from front side in a wrong direction and collided with his Maruti Van. It is alleged that Saran Singh sustained injuries on his arm. The injured were brought to the hospital for medical treatment. During investigation I.O. prepared the spot map and after completing all codal formalities and on conclusion of the investigation into the offences, allegedly committed by the accused, challan was prepared and filed in the Court.

(3.) A notice of accusation stood put to the accused, by the learned trial Court for his committing offences punishable under Sections 279, 337 and 338 of the IPC to which he pleaded not guilty and claimed trial.