STATE OF HIMACHAL PRADESH Vs. MUNI LAL

JUDGEMENT

(1.) The present appeal has been preferred by the State-appellant (hereinafter referred to as 'the appellant') against the judgment, dated 20.08.2008, passed by the learned Sessions Judge, (Forest), Shimla, in Criminal Appeal No. 48-S/10 of 08/04, whereby the judgment of conviction, dated 24.07.2004, as passed by the learned Additional Chief Judicial Magistrate, Court No. 1, Shimla, H.P., in Case No. 69/2 of 2004/02, against the respondent/accused (hereinafter referred to as 'the accused'), was set aside.

(2.) In brief, the facts giving rise to the present appeal, as per the prosecution, are that on 08.05.2001, at about 11.30 a.m., complainant Smt. Shakuntla Goel, (hereinafter referred to as the 'complainant') was returning to her house alongwith her daughter Kumari Rohini Goel after visiting Kaliwari Temple via A.G. Chowk, Bawa Market, Shimla. At that time, the accused came driving his scooter, bearing registration No. HPS-4506, in a rash and negligent manner in the wrong side and was going towards Bawa Market. The scooter struck against the right leg of the complainant, as a result of which, she suffered injury.

(3.) The prosecution, in order to prove its case, examined as many as seven witnesses. Statement of the accused was recorded under Section 313 of the Code of Criminal Procedure, wherein he denied the prosecution case and claimed innocence, however, he did not examine any defence witness.