STATE OF H P Vs. SNEH KUMAR

JUDGEMENT

(1.) Instant criminal appeal filed under Sec. 378 of the Cr.PC., is directed against the impugned judgment of acquittal dated 18.3.2015, passed by the learned Additional Chief Judicial Magistrate, Kangra, District Kangra, H.P., in Cr. Case No. 101-II/2009, whereby the respondent-accused came to be acquitted of the notice of accusation under Sections 279 and 304-A of the IPC.

(2.) Briefly stated facts, as emerge from the record are that complainant Pritam Chand (PW1), in his statement recorded under Sec. 154 Cr.PC., alleged that on 20.2.2008, at about 11:30 a.m. when he was standing on the side of the road in front of the shop of Rasila Ram, at a place called Badai, a bus bearing No. HR-55C-8018, came in high speed and hit Salig Ram, as a consequence of which, he fell down and sustained injuries. Complainant specifically alleged that incident happened due to rash and negligent driving of the accused. Injured was referred to RPGMC, Tanda, but unfortunately he expired on his way to the hospital. On the basis of aforesaid statement, made by the complainant, FIR bearing No. 23 of 2008 dated 20.2.2008 (Ext.PW9/A) came to be registered against the accused. Police after completion of investigation presented challan in the competent court of law, who on being satisfied that prima-facie case exists against the respondent-accused, put notice of accusation to him under Sections 279 and 304-A, IPC, to which he pleaded not guilty and claimed trial. Prosecution with a view to prove its case examined as many as nine witnesses, whereas accused in his statement recorded under Sec. 311 Cr.PC denied the case of the prosecution in toto, however, he did not lead any evidence in his defence.

(3.) Learned trial Court on the basis of evidence adduced on record by the prosecution held the accused not guilty of having committed offences punishable under aforesaid provisions of law and accordingly, acquitted him vide judgment dated 18.3.2015. In the aforesaid background, being aggrieved and dis-satisfied with the aforesaid judgment of acquittal recorded by the court below, appellant-State has approached this Court by way of instant proceedings, seeking therein conviction of the respondentaccused after setting aside the judgment of acquittal recorded by the court below.