STATE OF H P Vs. BHIM SINGH

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the judgment rendered on 16.10.2008 by the learned Sub Divisional Judicial Magistrate, Chachiot at Gohar, District Mandi, H.P. in Police Challan No. 76-I/2001 (2000), whereby, he acquitted the accused for his allegedly committing offences punishable under Sections 279, 337 and 338 of the IPC.

(2.) The facts relevant to decide the instant case are that complainant Nargis Thakur, Hindi Teacher at Senior Secondary School Thunag recorded her statement before the Police to the effect that today on 28.9.1999 at about 3.35 P.M., she was travelling in a HRTC bus which was going from Janjehli to Sundernagar and was sitting on seat No.3. There were about 35 passengers in the bus. AT about 4.00 p.m., when the bus passed through Kandhi mod then about 70 ft. ahead, the driver of the bus bearing No. HP-31-1509 due to his rashness and negligence took the bus to the wrong side and the bus tumbled down 50 ft. below the road. She came out from the window of the bus. She stated that she along with other passengers of the bus received injuries in the alleged accident. The accident stated to have taken place due to the rash and negligent driving of the bus by its driver. On the aforesaid statement of the complainant, FIR was registered in the police station concerned. Thereafter, the Investigating Officer concerned completed the code formalities.

(3.) On conclusion of the investigation, into the offences, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed before the learned trial Court.