STATE OF HIMACHAL PRADESH Vs. ISHWAR DASS

JUDGEMENT

(1.) By way of this appeal the State has challenged the judgment passed by the Court of learned Addl. Chief Judicial Magistrate, Dehra, Distt. Kangra in Criminal Case No. 38-I/2003/39-II/2003 dated 29.11.2008 vide which learned trial court has acquitted the present respondent for commission of offences punishable under Sections 279, 337 of IPC and Section 184 of the Motor Vehicles Act.

(2.) The case of the prosecution, in brief, was that on 17.7.2002 a telephonic information was received by the police of Police Station, Dehra from Medical Officer, Sub Divisional Hospital, Dehra to the effect that one lady had been brought in an injured condition in the hospital. Thereafter Head Constable Madan Lal along with Constable Ashok Kumar went to the hospital where statement of complainant Sulekha Devi was recorded under Section 154 of Cr.P.C. It was stated by complainant that on the fateful day at around 6:45 a.m. she had gone to Dharamshala in order to purchase certain medicines for her husband on scooter No. CHO-1C-854.

(3.) After the completion of investigation, challan was filed in the Court and as a prima facie case was found against the accused, accordingly notice of accusation was put to him under Sections 279 and 337 of IPC and Section 184 of Motor Vehicles Act to which he pleaded not guilty and claimed trial.