STATE OF HIMACHAL PRADESH Vs. LOK RAJ

JUDGEMENT

(1.) The present criminal appeal, under Sec. 378 (3) of the Code of Criminal Procedure has been maintained by the State of Himachal Pradesh, against the judgment of acquittal, dated 10.10.2007, in case No. 193-2 of 2004, under Sections 279, 337 and 338 IPC, passed by the learned Sub Divisional Judicial Magistrate, Rampur Bushahr, District Shimla, H.P., whereby the accused was acquitted for the offence punishable under Sections 279, 337 & 338 of the Indian Penal Code, whereas under Sec. 196 of the Motor Vehicles Act, the accused was convicted and penalty of Rs. 1,000.00 was imposed upon him.

(2.) The key facts, giving rise to the present appeal as per the prosecution story are that on 06.10.2004, at about 1.30 p.m., at place Mohali, Lok Raj/accused (hereinafter to be called as "the accused"), while driving his pick-up, bearing registration No. HP-10B-0203, from Addu to Nankhari, in a rash and negligent manner and without any valid insurance, collided with the vehicle of the complainant, bearing registration No. DL-3-CH-7597 and caused simple as well as grievous injuries to the complainant Hira Nand, Mahender Singh, Mishru Lal and Bhagata Bahadur. Further the accused was coming from wrong side and the accident has occurred, due to his rash and negligent driving. On the basis of statement of Hira Nand, Ext. PW-1/A, FIR, Ext. PW-5/D was registered at Police Station, Rampur and during the course of investigation site map, Ext. PW-5/A was prepared. The offending vehicle, alongwith its documents was taken into possession vide seizure memo, Ext. PW-5/B. The broken pieces of mirror of Maruti car were also taken into possession, vide seizure memo, Ext. PW-5/C. The injured were got medically examined and their MLCs, Ext. PA to Ext. PD, were obtained. Both the vehicles were got mechanically examined and their examination reports Ext. PF and Ext. PW-3/A were obtained. Photographs of the vehicles Mark-A, Mark-B and Mark D-1 were clicked. Statements of the witnesses under Sec. 161 Cr.P.C were recorded 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 Sec. 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 10.10.2007, acquitted the accused for the commission of offences punishable under Sections 279, 337 and 338 IPC, whereas he was convicted under Sec. 196 of the Motor Vehicles Act, hence the present appeal.