STATE OF HIMACHAL PRADESH Vs. PARVESH KUMAR

JUDGEMENT

(1.) Instant Criminal Miscellaneous petition filed under Sec. 378(3) of the Code of Criminal Procedure, is directed against the judgment dtd. 12/8/2016, passed by learned Additional Chief Judicial Magistrate, Dehra, District Kangra, H.P., in Criminal case No.81-II/2011, whereby the respondent-accused (hereinafter referred to as the accused) has been acquitted of the notice of accusation put up against him under Ss. 279, 337 and 338 of IPC.

(2.) Briefly stated facts as emerge from the record are that complainant namely, Yog Raj reported to the police that on 22/3/2011 he was going to his house at Jambal from Baddal Thore in Jarial bus bearing No.HP-55-5751 enroute from Nadaun to Dadasiba. He further reported that at about 7:15 P.M., when he reached at Chakki in Jambal, he saw that bus driver i.e. accused had struck his bus against a pedestrian, as a result of which, he fell down. He specifically reported that at the relevant time bus was being driven by the accused in rash and negligent manner. In complaint, he reported to the police that when he saw the pedestrian after alighting from the bus, he was with his elder brother Karnail Singh, who sustained multiple injuries and blood was oozing out. He further stated that immediately his brother was shifted to Govt. Hospital, Dadasiba and the said accident was witnessed by his brother Ashok Kumar, nephew Rajesh Kumar and other persons and thereafter he was referred to Tanda hospital. On the basis of the aforesaid complaint, formal FIR Ex.PW1/A came to be registered against the accused.

(3.) Learned trial Court after satisfying itself that a prima-facie case exists against the accused, put notice of accusation under Ss. 279, 337 and 338 of IPC, to which he pleaded not guilty and claimed trial.