STATE OF HIMACHAL PRADESH Vs. JAGDISH CHAND

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh "against" the judgment of acquittal rendered on 2.4.2008, by the learned Judicial Magistrate, 1st Class, Mandi, District Mandi, H.P. "upon" criminal case No. 125-II/2000, case whereof embodies therein offences punishable under Sections 279, 337 and 338 of the Indian Penal Code and under Sec. 181 of the Motor Vehicles Act.

(2.) The facts relevant to decide the instant case are that on 27.12.1999 Rangeela Ram was going from Sarkaghat to Mandi along with Fateh Chand in a Jeep bearing number HP-33-3130 and when they reached near Galma at about 1:20 p.m. there coming one private bus bearing No. HP-29-2511 from the side of Ner Chowk being driven by the accused Jagdish Chand rashly and negligently. The complainant Rangeela Ram stopped his Jeep by the side of road, but the accused could not control the private bus and he dashed the bus against the said Jeep due to which the bus moved 15 to 16 feet above the ground and then it fallen on the road and injuries were caused to the passengers of the bus. In this accident, no injuries could not cause either to Rangeela Ram or Fateh Chand who was sitting with him in the said jeep. All the injured were taken to hospital and a case for rash and negligent driving was registered against the accused/appellant Jagdish Chand. The police has visited the spot and prepared a site plan and took into possession both the vehicles involved in the accident and got them mechanically examined. The statement of all the witnesses under Sec. 161 Crimial P.C. were recorded and after the completion of investigation, the accused was challaned under Sec. 279, 337, 338 of the Penal Code for rash and negligent driving and was further challaned under Sec. 181 of M.V. Act as he was driving the bus without having any valid driving license.

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