STATE OF HIMACHAL PRADESH Vs. KHUB RAM

JUDGEMENT

(1.) By way of instant Criminal appeal filed under section 378 of the Code of Criminal Procedure, 1973 challenge has been laid to the impugned judgment of acquittal dated 29.05.2017, recorded by learned Judicial Magistrate 1st Class, Bilaspur, Distt. Bilaspur, Himachal Pradesh, in Case No.64/2 2006, whereby the respondent-accused (hereinafter referred to as the accused) has been acquitted of the charge framed under Sections 279337 of Penal Code and Sec. 184 of the Motor Vehicles Act.

(2.) FIR No.262/2005 came to be registered at Police Station, Bilaspur, Distt. Bilaspur, Himachal Pradesh, on 10.12005 at the behest of Dharmender Pal Sharma, driver of HRTC bus bearing No.HP-19B-6025, who in his statement recorded under Sec. 154 Crimial P.C. 1973 alleged that on 09.12005 when he was driving the bus on the route, namely, Shimla to Palampur, Maruti Van bearing No.HP-03C-1142 being driven by the respondent-accused, namely, Khub Ram came from wrong side in high speed and struck against the bus, as a consequence of which, respondent-accused, who happened to be the driver of aforesaid Maruti Van as well as other passengers sustained injuries in the aforesaid accident. Bumper of the bus and head light of the bus have also got damaged. On the aforesaid statement having been made by the complainant, namely, Dharmender Pal Sharma, FIR as mentioned above came to be registered against the accused under Sections 279337 of Penal Code and Sec. 184 of the Motor Vehicles Act.

(3.) After completion of the investigation, police presented the challan in the competent Court of law i.e. learned Judicial Magistrate, 1st Class, Bilaspur, Himachal Pradesh, who being satisfied that a prima facie case exists against the accused, put a notice of accusation to the accused for having committed offences punishable under Sections 279337 of Penal Code and Sec. 184 of the Motor Vehicles Act, to which he pleaded not guilty and claimed trial.