STATE OF H P Vs. DEEP KUMAR

JUDGEMENT

(1.) The instant appeal is directed against the impugned verdict pronounced by the learned Sub Divisional Judicial Magistrate, Chachiot, at Gohar, Mandi, H.P. whereby he acquitted the accused for the charges framed against him for his committing offences punishable under Sections 279, 337 and 338 of the Indian Penal Code.

(2.) The brief facts of the case are that the complainant Devi Singh had gone to place Kyoli Nal for his some domestic task. At about 1.20 p.m he reached at place Kyoli Nal thereat he heard noise of a jeep being rolled down from the road at Kenchimod. On this the complainant alongwith other persons went towards the spot and saw that the jeep had fallen into the nala and Tula Ram son of Almu a deaf and dumb had sustained injury on his head. It is the case of the prosecution that later on the complainant came to know that jeep bearing No. HP-53-2543 was going towards place Bhulah and when the jeep reached at a curve then due to skidding on snow had fallen down in the nala and when the jeep was rolling then it struck against Tula Ram. The matter was reported to the police by the complainant and after completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.

(3.) A charge stood put to the accused by the learned trial Court for his committing offences punishable under Sections 279, 337 and 338 of the Indian Penal Code, to which he pleaded not guilty and claimed trial.