STATE OF HIMACHAL PRADESH Vs. RAJU

JUDGEMENT

(1.) The present appeal is maintained by the appellant-State of Himachal Pradesh under section 378 of the Code of Criminal Procedure, 1973 against the impugned judgment of acquittal dated 25.07.2007 recorded by the learned Judicial Magistrate IInd Class, Court No.VI, Shimla, Distt. Shimla (H.P.) in Cr. Case No.132-2 of 2006/06, whereby the accused-respondent (hereinafter referred to as the accused) has been acquitted from the offence under Section 279 IPC, in which he was charged by the learned Trial Court.

(2.) Brief facts of the case giving rise to the present appeal as per the allegations of the prosecution story are that on 05.12.2005 at about 11.30 A.M., on NH22 Bye Pass, Vikas Nagar (Petrol Pump), the accused was driving a Truck No.HP-09-0487 in a rash and negligent manner so as to endanger human life and personal safety of others and by this act, he collided his Truck with an Alto Car No.HP62-0400. In this regard, the informant Hem Singh Thakur lodged an FIR to the police under Section 154 Cr.PC. The police went to the spot and prepared the spot map and recorded the statements of witnesses under Section 161 Cr.PC. Police has taken into possession the Truck No.HP-09-0487 vide separate memo.

(3.) The prosecution, in order to prove its case, examined as many as six witnesses. Statement of accused was recorded under Section 313 of the Criminal Procedure Code, wherein he has denied the prosecution case and claimed innocence.