STATE OF H.P. Vs. RAJESH KUMAR

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 11th February, 2000 passed by Additional M/s.Shashi Films (P) Ltd. Versus Rajinder Kaushal Chief Judicial Magistrate -II, Kangra in Criminal Case No. 214 -II/93/92 titled as State of H.P. v. Rajesh Kumar, acquitting the accused of the charged offence under Sections 279, 337 and 304 -A of the Indian Penal Code.

(2.) IT is the case of the prosecution that on 6th December, 1990 at about 6.30 p.m., S.S.B. officials traveling in a Government vehicle bearing No. HPK -5260 towards Nurpur. The said vehicle was being driven by accused Rajesh Kumar. Near village Lappiana, when the vehicle had just crossed the bridge and was negotiating a curve where the road was quite steep, a scooter bearing No. PIH -2665 came from the opposite side. Since the scooter was being driven in a rash and negligent manner, its rider could not control the same and consequently dashed into the truck due to which both rider and pillion rider received injuries. The officials of the S.S.B. brought the injured to a Hospital at Nurpur. On the version of SI Madho Ram (official of SSB), FIR No. 135/90 was registered with Police Station, Shahpur on 7th December, 1990 under Sections 279, 337 and 338, I.P.C.

(3.) SHRI Tarsem Lal (PW -2) and deceased Sh. Ajay Kumar were got medically examined through Dr. A.R. Dutt (PW -6) and M.L.C. (Ext.PW -6/A) and Ext.PA were taken by the police. The inquest report of deceased Ajay Kumar Ext.PC was taken by the police. The truck was mechanically examined by Kewal Kumar (PW -5) in terms of his report (Ext.PW -5/A) and the scooter was also mechanically examined by Mohinder Singh (PW -10) in terms of his report (Ext.PW -10/A). Both the vehicles were seized vide seizure memos Ext.PW -1/A, Ext.PW -4/A and Ext.PW -4/B. Manohar Lal (PW -1) and Jaswant Singh (PW -4) witnessed the same.