STATE OF H.P. Vs. ASHOK KUMAR

JUDGEMENT

(1.) Sequel to order dtd. 29/5/2017, record of the court below has been received.

(2.) Instant Criminal Miscellaneous petition has been filed under Sec. 378 (3) of the Cr.PC, seeking therein leave to appeal against the impugned judgment of acquittal dtd. 23/1/2017, passed by the learned Judicial Magistrate, Ist Class-I, Dharamshala, District Kangra, H.P., in RBT Crl. Case No.:72-II2012 under Ss. 279 and 337 of the IPC, whereby the respondent-accused has been acquitted of notice of accusation put to him under Ss. 279 and 337 of IPC.

(3.) Briefly stated facts as emerge from the record are that on the basis of statement having been made by the injured/complainant namely Bhagmal (PW1), under Sec. 154 of the Cr.PC, police registered FIR bearing Whether reporters of the Local papers are allowed to see the judgment? No. 166 of 2011 dtd. 7/8/2011, under Ss. 279 and 337 of the IPC against the respondent-accused ,alleging therein that at around 1:30 pm, the complainant Bhagmal, along with his wife and son were going towards the Yol bus stand, when they reached near Gurudwara Yol Market, a bus bearing registration No. HP-68-5555, driven by the respondent-accused hit him and dragged him, as a result of which, he suffered injuries on his person. Police got injured medically examined and procured MLC Ext.PW6/A, wherein all the injuries suffered by the victim were termed to be simple in nature. Police after completion of the investigation presented challan in the competent Court of law i.e. learned Judicial Magistrate, Ist Class-I, Dharamshala, District Kangra, H.P, which on being satisfied that prima-facie case exists against the accused, put notice of accusation to the accused under Ss. 279 and 337 of the IPC, to which he pleaded not guilty and claimed trial. However, fact remains that he did not lead any evidence in his defence.