STATE OF HIMACHAL PRADESH Vs. RAJ KUMAR

JUDGEMENT

(1.) Instant Criminal appeal filed under Section 378 of the Code of Criminal Procedure, is directed against the judgment of acquittal dated 4.2.2017, passed by learned Judicial Magistrate, 1st class, Palampur, District Kangra, H.P., in Criminal case No.14-II/2002, whereby respondent (hereinafter referred to as the accused) has been acquitted of the notice of accusation put to him under Sections 279 and 337 of Indian Penal Code.

(2.) Briefly stated facts as emerge from the record are that complainant, Lokinder Singh got recorded his statement under Section 154 Cr.P.C (Ex.PW5/A), on the basis of which, FIR Ex.PW10/A came to be registered at police Station, Bhawarna, alleging therein that on 3.5.2011, at about 7:45 PM, accused was driving motorcycle bearing registration No. HP-37B- 1453 on the public way in rash and negligent manner so as to endanger human life and public safety of others and dashed his motorcycle against scooter No. HP-55-4481 being driven by him, as a result of which, Sh. Sanjay Kumar, pillion rider sustained injuries. Police after completion of the investigation, presented the challan in the competent court of law.

(3.) The learned trial Court being satisfied that a primafacie case exist against the accused, put notice of accusation to the accused under Sections 279 and 337 of IPC, to which he pleaded not guilty and claimed trial.