STATE OF H.P. Vs. KEWAL SINGH

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgment of 7.11.2007 rendered by the learned Judicial Magistrate, 1st Class, Court No.II, Una, District Una, H.P. in Criminal Case No. 9-II-99/98, whereby the learned trial Court acquitted the respondent (for short "accused") for the offences charged.

(2.) Brief facts of the case are that on 30.7.1998 at around 7.30 p.m. near Shiv Mandir, Dangoli the accused was found driving a jeep bearing registration No. DLK-D-5372 on a public road, in a rash and negligent manner so as to endanger human life and personal safety of others and while driving as such accused struck his jeep against Baryam Singh and thereby caused Baryam Singh simple and grievous injuries and thereby committed offence under Sections 279, 337 and 338 of Penal Code. After the accident the accused could not control his vehicle which was coming in high speed and went down on the road. Injured Baryam Singh who taken to District Hospital Una where he succumbed to injuries on 1.9.1998. This incidence was witnessed by Ram Kishan and Charan Dass and the matter was reported to the police. 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.