STATE OF H P Vs. NARENDER CHAND

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the judgment rendered on 04.12.2007 by the learned Judicial Magistrate 1st Class, Court No. III, Hamirpur, H.P. in Police Challan No. 60-1-2005, RBT 2-II-05, whereby, he acquitted the accused for his allegedly committing offences punishable under Sections 279, 337, 338 and 304-A of the IPC.

(2.) The facts relevant to decide the instant case are that on 7.2004 an information was received at police station, Hamirpur about accident having taken place near Jhaniari on Nadaun road and that injured had been brought to Zonal Hospital, Hamirpur. In the hospital, complainant Ranjit Singh Rana, got his statement recorded under Section 154 of the Cr.P.C., whereby he unfolded that on 7.2004, he had started from Shimla to his village and the car was being driven by him. His friend L.R. Rana and wife Tripta Rana were also travelling along with him. At about 4.45 p.m near Jhaniari, Dinesh Bus No. HP-55-4390 came from the opposite side and struck against his car. Because of the impact his friend Lekh Ram Rana died whereas he along with his wife got injured. The accident stated to have taken place due to the rash and negligent driving of the bus by its driver. On the aforesaid statement of the complainant, FIR was registered in the police station concerned. Thereafter, the Investigating Officer concerned completed the codel formalities.

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