STATE OF H P Vs. HARI SINGH

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgment of 13.12.2007 rendered by the learned Chief Judicial Magistrate, Lahaul-Spiti at Kullu, in Criminal Case No. 10-I/2003, whereby the learned trial Court acquitted the respondent (for short "accused") for the offences charged.

(2.) Brief facts of the case are that on 23.8.2002 complainant Sh. Dhanwant Singh, was deployed as conductor in bus bearing registration No. HP34/7284 to cater BhunterGaragushaini. Shri Churamani was its driver. At about 11.45 a.m. the bus of the complainant was near village Kalheli when a tempo bearing No. HP 24-0427 arrived from the opposite side. The driver of the said tempo could not control his vehicle and hit the bus. In the collision which occurred inter-se the bus and tempo aforesaid, 4- 5 passengers including one Gayatri Devi received injuries on their person. The Tempo went ahead and again hit against another Mini bus bearing registration No. HP 58-0429 and thereafter went off the road. The injured were shifted to District Hospital, Kullu for medical treatment where Gayatri Devi aforesaid died owing to the injuries sustained by her in the accident. Thereafter FIR was registered. 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 qua his committing offences punishable under Sections 279, 337 and 304-A of the Indian Penal Code to which he pleaded not guilty and claimed trial.