STATE OF HIMACHAL PRADESH Vs. SHIV RAM

JUDGEMENT

(1.) The present appeal is maintained by the appellant-State of Himachal Pradesh assailing the judgment of acquittal of the accused-respondent (hereinafter to be called as "the accused") in Criminal case No. 109-II/01, under Sections 279, 337 & 338 of the Indian Penal Code, dated 10.02.2009, passed by the learned Additional Chief Judicial Magistrate, Court No. 1, Mandi, District Mandi, H.P.

(2.) Briefly stating the facts, as per the prosecution story, giving rise to the present appeal are that on 04.08.2001, at about 5.30 pm, at place Chakkar near Milk Plant, Balh, District Mandi, the accused, who was driving the Scooter, bearing registration No. HP-11-2244, in a rash and negligent manner, hit Smt. Khimi Devi, due to which, she sustained simple as well as grievous injuries. On the basis of statement of Sevak Ram (eye witness of the spot), Ext. PW-3/B, Police registered FIR, Ext. PW-6/A and endorsement to this effect is Ext. PW-6/B. After lodging of FIR, I.O. had investigated the matter and prepared site plan of the spot. He took into possession the Scooter in question along with its documents and Driving License, vide memo Ext. PW-3/A. I.O. has also obtained MLC, Ext. PW-4/A, of injured Khimi Devi and obtained opinion of Doctor, Ext. PW-5/D qua the injuries sustained by Smt. Khimi Devi. X-ray of injured Smt. Khimi Devi, vide Ext. PW-5/A to C and mechanical report of Scooter in question was also obtained.

(3.) Prosecution, in order to prove its case, examined as many as 8 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 has acquitted the accused, vide impugned judgment dated 10.02.2009, hence the present appeal.