STATE OF H.P. Vs. CHANDU LAL

JUDGEMENT

(1.) - The present appeal arises out of the impugned judgment dated 6.1.2001 passed by the Judicial Magistrate Class -II Dharmshala, H.P. in case No. RBT No. 27 -II/2000, titled as State of H.P. V. Chandu Lal, acquitting the accused of the charged offence.

(2.) As per the case of the prosecution on 7.5.1999, at about 11.30 a.m. Shri Pratap Chand, Hawker was going with his Cart when approximately one furlong away from a place called Master Chowk, Police Station, Dharmshala, a white Jeep bearing registration No. HP -39 -9825 being driven by accused came in a rash and negligent manner from the opposite side and hit the Cart due to which the articles fell down and also hit the complainant as a result of which he sustained injuries on his right arm and other parts of the body. The injured was taken to the hospital at Dharmshala where his statement Ext. PW -1/A under Section 154 Cr.P.C. was recorded. Based on the same, FIR No. 121/99 dated 7.5.1999 Ext. PW -6/A was recorded with Police Station Dharmshala under Section 279 and 337 IPC and the police machinery was set into motion. The vehicle was impounded and mechanically examined vide seizure memos Ext. PW -5/A, Ext PW -5/B and report Ext. PW4/A. The injured was got medically examined through Doctor and the MLC Ext. PW -7/A and X -Ray Ext.PW -8/A were also taken by the police.

(3.) With the completion of the investigation, the challan was presented in the Court for trial. Notice of accusation was put to the accused for the offences under Section 279 and 337 IPC to which he did not plead guilty and claimed trial.