STATE OF H.P. Vs. KESHAV RAM

JUDGEMENT

(1.) Respondent was prosecuted under Section 279 of the Indian Penal Code for driving truck bearing registration No.HIS -7154 on Shimla -Chandigarh Road rashly and negligently when it was on its way towards Shimla. Case of the prosecution against the respondent was that the truck after having been driven on wrong side of the road, dashed into the car bearing registration No. HRE -1660 coming from the opposite direction i.e. from Shimla side. This accident took place on National Highway near Dogra Lodge, Shimla at about 11.15 A.M.

(2.) PW -9 Babu Ram was the owner of the car in question, who made a complaint to the police of police Station, Boileauganj, Shimla on the basis whereof Head Constable Surat Ram (PW -8) reached the spot and then recorded the statement of said PW -9 under Section 154 Cr.P.C. vide Ext.PW -8/A and the F.I.R. (Ext. PW -7/A) came to be registered. Investigation was under taken by Surat Ram (PW -8). At the spot, the spot map was prepared by him which has been proved on record as Ext. PW -8/B. Photographs were got snapped which have been proved as Ext. PX/1 and Ext.PX/2 and their negatives are Ext. PX.3 and PX/4. After completion of investigation, respondent was challenged before the trial Court.

(3.) Trial Court after being satisfied that there was prima -facie material to proceed against the respondent issued notice of accusation to the respondent, to which he pleaded not guilty and claimed trial. After conclusion of the trial, the respondent has been acquitted of the offences for which he was tried, hence this appeal.