STATE OF HIMACHAL PRADESH Vs. PARVEEN NEGI

JUDGEMENT

(1.) The present appeal is maintained by the appellantState of Himachal Pradesh assailing the judgment of acquittal of the accused-respondent (hereinafter to be called as "the accused"), under Sections 279, 337 & 201 of the Indian Penal Code, passed by learned Judicial Magistrate 1st Class, Court No. III, Shimla, District Shimla, H.P, dated 27.02.2007, in Criminal Case No. 42/2 of 2006.

(2.) Briefly stating facts giving rise to the present appeal, as per the prosecution story are that on 01.01.2006, Sunil Dutt Gautam (hereinafter to be called as "the complainant") accompanied with his wife were coming from Delhi, at about 10.30 pm, when they reached at Shimla View, near Goel Motors Tara Devi, one pick-up, bearing registration No. HP-25-2017, collided with the Maruti car, bearing registration No. HP-03A- 6000. As a result, the complainant sustained injuries. It is alleged that the accused was driving his vehicle in a rash a negligent manner and after the said accident he fled away from the spot.

(3.) Prosecution, in order to prove its case, examined as many as 9 witnesses. Statement of the accused was recorded under Section 313 Cr.P.C, wherein he denied the prosecution case and claimed innocence. Accused did not lead any defence evidence. The learned trial Court acquitted the accused, vide impugned judgment dated 27.02.2007, hence the present appeal.