STATE OF HIMACHAL PRADESH Vs. SATISH SARASWATI

JUDGEMENT

(1.) The present appeal is maintained by the appellant-State of Himachal Pradesh against the judgment of acquittal of accused in a case under Sections 279 and 338 of the Indian Penal Code and Section 185 of the Motor Vehicles Act, passed by the learned Judicial Magistrate 1st Class, Court No. I, Shimla (H.P) dated 7.12.2007, in Criminal Case No.29/2 of 2005.

(2.) Briefly stating facts giving rise to the present appeal are that on 7.1.2005, Ravinder Kumar (PW-2) was driving a bus bearing registration No.HP-07-3932 from Bus Stand Shimla to Mehli, whereas Ashok Kumar (PW-3) was conductor in the said bus. Around 8:40 PM, when the bus reached at Talland, Maruti Car coming from Khalini side in a high speed and collided with the aforesaid bus. The Maruti car in question was being driven by the accused in a rash and negligent manner so as to endanger human life and personal safety of others. As a result of which, he could not control the same and collided the same with the aforesaid bus. Accused was driving the car under the influence of liquor. Thereafter, the matter was reported to the police, where Investigating Officer recorded the statement of Ravi Kumar Ex.PW2/A, under Section 154 of the Code of Criminal Procedure, which was sent to Police Station, vide FIR Ex.PW10/A was registered. Statement of the witnesses was also recorded and site plan was prepared. The vehicle in question was taken into possession by the police and photographs were taken.

(3.) The prosecution, in order to prove its case, examined as many as ten witnesses. Statement of the accused was recorded under Section 313 of the Code of Criminal Procedure, wherein he has denied the prosecution case and claimed innocence. No defence evidence was led by the accused.