STATE OF HIMACHAL PRADESH Vs. BESARIA RAM

JUDGEMENT

(1.) By way of this appeal, the State has challenged the judgment passed by the Court of learned Chief Judicial Magistrate, Mandi in Criminal Case No. 205-II/2004, dated 17.10.2008, vide which, learned trial Court has acquitted the present respondent for commission of offences punishable under Sections 279 and 304-A of the Indian Penal Code.

(2.) In brief, the case of the prosecution was that on 07.06.2004 at around 12:30 noon, complainant Tara Chand was outside his Dhabha, which was being run in the name and style of M/s. Lucky Bhojnalaya at Basta in Tehsil Sadar, District Mandi and at that very time, children were returning from Government Primary School Shambal towards Basta, who were walking on the side of the road, when suddenly two trucks came in a very high speed and crossed the road in front of the Dhabha of the complainant towards Mandi. After the trucks had moved ahead, the children started crying. The registration number of the trucks were HP-11-2207 and HP-11-2100. Though truck No. HP-11-2207 was driven ahead of truck bearing registration No. HP-11-2100, however, immediately driver of truck bearing registration No. HP-11-2100 over took the truck ahead of him and fled away towards Mandi side. On hearing the cries of kids, complainant Tara Chand and his brother Gopal as well as one Keshav Ram rushed to the spot and they found Parwati, a six and half years old child having been crushed by the first truck. On the basis of the statement of Tara Chand so recorded under Section 154 of the Code of Criminal Procedure, an FIR was lodged at Police Station Sadar, District Mandi. Pursuant thereof, investigation was conducted by SI Mast Ram, who prepared inquest as well as site plan. Statements of the witnesses were recorded and truck bearing registration number HP- 11-2207 was impounded, which was being driven by the accused at the relevant time. Autopsy report of the deceased was obtained.

(3.) After completion of the investigation, chargesheet was filed in the Court and as a prima facie case was found against the accused for commission of offences punishable under Sections 279 and 304-A of the Indian Penal Code, accordingly Notice of Accusation was put to him, to which he pleaded not guilty and claimed trial.