STATE OF HIMACHAL PRADESH Vs. ROOP LAL

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgement of acquittal recorded by the learned Judicial Magistrate 1st Class, Court No. VI, Shimla, H.P. whereby he pronounced an order of acquittal upon the accused qua the offences allegedly committed by him.

(2.) The brief facts of the case are that on 21.10.2004 at about 3.00 p.m near Nauti Khad, Mashobra, accused Roop Lal was driving a Truck bearing No. PB-08A-6675 on public highway in a rash or negligent manner so as to endanger to the human life and personal safety of the others, due to which accused dashed the said truck against Alto Car bearing No. HP-62-0960 and also due to his rash or negligent act of driving caused simple as well as grievous hurt to the informant/Rajinder Chauhan as well as B.C.Chauhan and Bimla Chauhan. In this regard, the informant had intimated the police on which the police went to the spot and prepared the spot map and recorded the statement of witnesses under Section 161 Cr.P.C. and after completing all codal formalities and on conclusion of the investigation into the offences, allegedly committed by the accused, challan was prepared and filed in the Court.

(3.) A notice of accusation stood put to the accused by the learned trial Court for his committing offences punishable under Sections 279, 337 & 338 of the IPC to which he pleaded not guilty and claimed trial.