STATE OF H P Vs. AKHILESH KUMAR

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the impugned judgment recorded by the learned Appellate Court whereby it reversed the findings of conviction recorded upon the accused by the learned trial Court.

(2.) The brief facts of the case are that PW-6 Balwant Singh was returning from Burawala on his cycle and on 5.5.2002 at about 9.30 a.m. motor cycle bearing no. HP-12A-2050 driven by Akhilesh Kumar came in a high speed from opposite side and struck against the cycle as a result of which cycle fell down and he sustained injuries. FIR was lodged by PW-1 Amar Chand upon which a case under Sections 279 and 337 IPC came to be registered at Police Station Barotiwala. Injured was removed to PSI dispensary Barotiwala. Motor cycle was got examined from PW-3 Pritam Singh and he found it in order. After recording the statements of the witnesses and on completion of the investigation, the accused was challaned under Sections 279 and 337 of the Indian Penal Code. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.

(3.) Notice of accusation stood put to the accused by the learned trial Court for his committing offences punishable under Sections 279 and 337 of the Indian Penal Code to which he pleaded not guilty and claimed trial.