STATE OF HIMACHAL PRADESH Vs. PANKAJ GULERIA

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment of acquittal dated 1.3.2012, passed by the learned Judicial Magistrate 1st Class, Court No. I, Dehra, District Kangra, Himachal Pradesh in Cr. Case No. 122-II/2010, whereby respondent-accused came to be acquitted of notice of accusation put to him under Sections 279, 337 and 338 IPC and Section 184 of Motor Vehicles Act, appellant-State has approached this Court by way of instant appeal.

(2.) Necessary facts shorn of unnecessary details are that complainant Asha Kumari, PW-3 got her statement recorded under Section 154 CrPC that on 5.2010, at about 5.00 pm at Maleta, accused was driving motor cycle No. DL35BK-2891 on public highway rashly, negligently and in dangerous manner, which resulted in causing simple and grievous injuries to the accused, when aforesaid motor cycle being driven by accused, dashed against Bus No. HP54A-5953.

(3.) Mr. P.M. Negi, learned Additional Advocate General, while inviting attention of this Court to the impugned judgment of acquittal passed by learned trial Court, vehemently argued that same is not sustainable in the eye of law, as the same is not based upon correct appreciation of evidence as such, same deserves to be quashed and set aside. Mr. Negi, further contended that if judgment passed by learned trial Court is read juxtaposing evidence adduced by prosecution, it clearly emerges that the learned Court below has not read evidence in its perspective, as a result of which, erroneous findings have come on record and accused, who at the relevant time, was driving his motor cycle rashly and negligently, has been wrongly acquitted.