STATE OF HIMACHAL PRADESH Vs. GAUTAM SINGH

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment of acquittal dated 30.04.2016, recorded by the learned Additional Chief Judicial Magistrate Kangra, District Kangra, Himachal Pradesh, in Criminal Case No. 50-II/2010, whereby respondent-accused (hereinafter referred to 'accused') came to be acquitted of the notice of accusation put to him for having committed offences punishable under Sections 279 and 337 of the Indian Penal Code and Section 181 of the Motor Vehicles Act, appellant-State has approached this Court by way of instant appeal, seeking therein conviction of accused for having committed aforesaid offences under aforesaid provisions of law, after setting aside the judgment of acquittal.

(2.) Necessary facts, as emerge from the record are that complainant namely Paras Ram(PW-1) in his statement recorded under Section 154 of Code of Criminal Procedure, alleged that at about 6:35 PM, when he was driving bus bearing No.HP-68-1522, Motorcycle bearing No. HP-39-A-9059 being driven by the accused collided with back bumper of the bus, thereafter motorcycle struck against a tree standing on the side of the road, as a consequence of which, accused and pillion rider suffered injuries. Since the respondent-accused and pillion rider had suffered injuries due to the collision, he alongwith conductor (PW-2) took them to the hospital for medical aid. The complainant specifically alleged that the accident took place due to rash and negligent driving on the part of the respondentaccused, who at the relevant time was driving the motorcycle mentioned hereinabove. On the basis of aforesaid report, a formal FIR, exhibit PW-1/B came to be registered against the respondent-accused. After completion of investigation, police presented the challan in the competent Court of law.

(3.) Learned trial Court after satisfying itself that prima facie</i> case exists against the accused, put notice of accusation under Sections 279 and 337 of IPC and Section 181 of the Motor Vehicles Act, 1988, against the accused, to which he pleaded not guilty and claimed trial.