STATE OF HIMACHAL PRADESH Vs. MUNNI LAL

JUDGEMENT

(1.) The present criminal appeal, under Section 378 of the Code of Criminal Procedure has been maintained by the State of Himachal Pradesh, against the judgment of acquittal, dated 03.10.2007, passed by learned Judicial Magistrate 1st Class, Court No. 3, Shimla, H.P., in criminal case No. 61/2 of 2006, under Section 279 of the Indian Penal Code.

(2.) The key facts, giving rise to the present appeal as per the prosecution story are that on 26.05.2006, at about 130 p.m., Gurnaib Singh/complainant (hereinafter to be called as "the complainant") was on his way from Shimla to Kaithlighat in his vehicle, bearing No. HR-37-B-5689 and when he reached near Sonu Bangla, one pick up, bearing No. HP-63-1053, came from Shoghi side and collided with his vehicle. It has been alleged that the accused was driving his vehicle in a rash and negligent manner, due to which, the accident has occurred. On the basis of statement of the complainant, FIR was registered against the accused. During the course of investigation spot map was prepared and both the vehicles in question were taken into possession, vide separate seizure memo and were got mechanically examined. Statements of the other witnesses were also recorded under Section 161 Cr.P.C., photographs of the spot were got clicked and after completion of investigation, challan was presented in the Court.

(3.) Prosecution, in order to prove its case, examined as many as 7 witnesses. Statement of the accused was recorded under Section 313 Cr.P.C, wherein he denied the prosecution case and claimed innocence. Accused did not lead any defence evidence. The learned trial Court, vide impugned judgment dated 010.2007, acquitted the accused for the commission of offence punishable under Sections 279 of the IPC, hence the present appeal.