STATE OF H P Vs. HARI CHAND

JUDGEMENT

(1.) The instant appeal stands directed, against, the verdict, recorded, on, 17.2.2006, by the learned Chief Judicial Magistrate, Kinnaur District, Camp at Rampur Bushahr, H.P., upon, Criminal Case No. 442 of 2003, whereby the learned trial Court, hence, acquitted the respondent (for short "accused"), for, the offences charged.

(2.) Brief facts of the case are that complainant is a resident of village Seri, P.O. Sungri. She is studying in 10+1 and residing with her maternal uncle Sh. Pawan Thakur at Jagat Khana. Her nephew aged five years is studying in Kamla Memorial School, Shish Mehal. At about 9 A.M. she was going to leave her nephew to school. Two other children from the neighbour were also with her. When she was trying to cross the road near old post office alongwith the children a Bus No. HP062839 being driven by the accused came from the side of Busstand Rampur in a very high speed and hit a boy named Sahil and dragged him upto a distance of about 1015 feet causing injuries to him. Thereafter the injured was brought to hospital by some one and she herself went towards JagatKhana to inform the accident in question to her natural uncle. Thereafter, she reported the matter to the police through FIR Ext. PW1/A. Thereafter the injured was referred to IGMC Shimla where he succumbed to his injuries. After investigation, the accused was sent upto trial before the learned trial Court for the offences punishable under Sections 279, 337 and under Sec. 304A of IPC.

(3.) Notice of accusation stood put to the accused, by the learned trial Court qua his committing offences punishable under Sections 279, 337, and, under Sec. 304A of the Indian Penal Code, whereto, he pleaded not guilty and claimed trial.