STATE OF HIMACHAL PRADESH Vs. SANTOSH KUMAR

JUDGEMENT

(1.) The present appeal, under Section 378 of the Code of Criminal Procedure, has been maintained by the appellant-State of Himachal Pradesh, assailing the judgment of acquittal, dated 20.08.2008, passed by the learned Judicial Magistrate 1st Class (II) , Dharamshala, District Kangra, H.P, in criminal case No. 83-1I/2005, under Sections 279, 337 and 338 of the Indian Penal Code and Section 187 of Motor Vehicles Act.

(2.) Briefly the facts giving rise to the present appeal as per the prosecution story are that on 28.08.2005, at about 07:30 p.m., Rahul Katoch/complainant (hereinafter to be called as "the complainant") was going home, in the meantime, a private bus came there and the conductor side of the bus hit the complainant from back side, due to which he sustained injuries on his left leg and on the fingers of his left hand. As per the prosecution case, the accident took place due to rash and negligent driving by the driver of the bus and further instead of stopping the bus there, the driver of the bus fled away from the spot. However, the complainant managed to note down the name of the bus to be 'Naresh Coach'. After the said accident, the complainant was taken to the Zonal Hospital, Dharamshala, where his statement, under Section 154 Cr. PC was got recorded. Thereafter Rukka was sent to Police Station, Dharamshala, on the basis of which, formal F.I.R. No. 220/05, under Sections 279, 337, 338 of IPC and 187 of Motor Vehicles Act was registered against the driver/accused (hereinafter to be called as "the accused") . During investigation spot map was prepared and MLC and Xray of the complainant were procured, the Medical Officer opined the injuries to be grievous in nature and, therefore, Section 338 IPC was added. Statements of the witnesses under section 161 Cr. PC were recorded and the bus was seized alongwith its documents. After completion of investigation, challan was presented before the Court.

(3.) Prosecution, in order to prove its case, examined as many as eight witnesses. Statement of the accused was recorded under Section 313 Cr.P.C, wherein he denied the prosecution case and claimed innocence. Accused did not lead any defence evidence. The learned trial Court, vide impugned judgment dated 20.08.2008, acquitted the accused for the commission of offences, punishable under Sections 279, 337 & 338 of IPC and Section 187 of the Motor Vehicles Act, hence the present appeal.