STATE OF HIMACHAL PRADESH Vs. GHANSHYAM

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the judgment of acquittal rendered on 23.4.2008 by the learned Additional Sessions Judge, Mandi upon criminal appeal No. 6 of 2005, whereby he set aside the judgment of conviction and sentence recorded upon the accused/respondents herein, by the learned trial Court.

(2.) The facts relevant to decide the instant case are that on 10.7.1996 HRTC bus No. HP-33-1376 was enroute from Kullu to Chandigarh. PW-1 Ashok Kumar and PW-4, Prakash Chand were driver and conductor respectively of the H.R.T.C., bus No. HP- 33-1376. At about 8 a.m., when the HRTC bus reached near SSB-A.O. Office Sundernagar, the speeding in-coming bus No. HP-31-1260 collided against rear portion of H.R.T.C. bus No. HP-33-1376 in bus No. HP-31-1260 being driven by the accused on wrong side of the road in a rash and negligent manner. Passenger Ram Dass, who was sitting on rear portion of H.R.T.C. bus, sustained injuries and he died on the spot, whereas other passengers sustained injuries in the accident. After the accident, the accused ran away from the spot. The information on telephone about the accident was given to police station, Sundernagar and ASI Mast Ram alongwith other police officials went to the spot. The ASI recorded statement of bus driver Ashok Kumar under Sec. 154 Cr. P.C. Consequently, FIR was registered against the accused person. The case was investigated by A.S.I.Mast Ram. The dead body of Ram Dass was sent to Civil Hospital, Sundernagar for postmortem examination. On completion of investigation, the SHO of Police Station, Sundernagar prepared the chargesheet against the accused person and sent up the same to the trial Court. The learned Additional Chief Judicial Magistrate conducted the trial after framing charges and on conclusion of the trial, accused was convicted and sentenced.

(3.) On conclusion of the investigations, into the offences, allegedly committed by the accused, a report under Sec. 173 of the Code of Criminal Procedure was prepared and filed before the learned trial Court.