KULDEEP SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) LEAVE granted.

(2.) APPELLANT faced trial for offences punishable under Sections 279, 337, 338 and 304 -A of the Indian Penal Code, 1860 (in short the ˜IPC) and Section 185 of the Motor Vehicles Act, 1988(in short the ˜MV Act). The appellant was acquitted by learned Judicial Magistrate, Hamirpur. State of Himachal Pradesh preferred an appeal before the Himachal Pradesh High Court which by the impugned judgment set aside the judgment of acquittal passed by the trial Court and directed conviction of the respondent for offences punishable under Sections 279, 337, 338 and 304 -A IPC and imposed various sentences, which were directed to run concurrently. The maximum sentence imposed was one year.

(3.) THE trial Court came to the conclusion that there was no rash or negligent driving as claimed by the prosecution. In appeal, the High Court relied on the evidence of the witnesses particularly PWs 1, 3 and 4 and recorded that rash and negligent driving is clearly established. Accordingly States appeal was allowed and conviction was recorded and sentences imposed.