STATE OF HIMACHAL PRADESH Vs. VARINDER KUMAR

JUDGEMENT

(1.) The present appeal arises out of judgment dated 25-2-2000 passed by Judicial Magistrate, 1st Class (4), Shimla, acquitting the accused of the offence punishable under Sections 279, 337 and 338,, IPC.

(2.) As per the case of the prosecution, on 31-7-1997 complainant-Dharam Pal was travelling in a private bus bearing No. HP- 22-4311 from Nadaun to Shimla. The bus was being driven by the accused Varinder Kumar. At about 11.10 a.m., when the bus was about to reach a place called Ganahatti, on seeing the Truck bearing No. HP-11- 2387, coming from opposite direction, the accused applied his brake but due to high speed and wrong direction the bus collided with the truck. The accident occurred due to rash and negligent acts of the accused and the passengers sitting in the bus sustained injuries and both the vehicles were damaged. The statement of complainant- Dharam Pal (Ext. PW-8/A) under Section 154, Cr. P. C. was recorded and based on the same FIR No. 104, dated 31-7-1997 (Ext. PW-8/C) was registered against the accused with the Police Station Boileauganj, Shimla, under Sections 279, 337,, IPC. The Police machinery was put into motion and the matter was investigated. The bus was impounded and the documents were recovered vide recovery memo Ext. PW-4/A. The broken pieces of glasses of the truck were taken into possession vide memo Ext. PW-4/B. Spot map (Ext. PW-8/B) was prepared and photographs of the vehicles were taken. The vehicles were also got mechanically examined vide report Ext. PW-5/A. The injured were also medically examined through Dr. J. L. Sharma (PW-7).

(3.) With the completion of the investigation, the challan was presented in the Court for trial. The accused was charged for an offence punishable under Sections 279, 337 and 338, IPC, to which he did not plead guilty and claimed trial.