STATE OF H P Vs. RAJINDER KUMAR

JUDGEMENT

(1.) The instant appeal stands directed, against, the verdict, recorded, by the learned Judicial Magistrate, Court No. 4, Mandi, District Mandi, H.P. in Police Challan No. 224-1/04, of, 14.7.2008 whereby the learned trial Court hence acquitted the respondent (for short "accused"), for the offences charged.

(2.) Brief facts of the case are that 24.3.2004 at about 8.00 PM at NH near Banala, the accused was driving the Maruti Car bearing registration No. HP-58-0545 and was going towards Aut from Kullu and was also carrying one child with him. The Accused was driving the aforesaid Car in a rash and negligent manner and he came on the wrong side and hit jeep bearing registration No. HP-32-1823, as a result of which, he got stuck in the car and sustained injuries along with the child namely Paras. Thereafter, both of them were sent to RH Kullu for treatment and information was given telephonically to the police station on which HC Jaspan Singh and Constable Chander Mani reached on the spot and recorded the statement of the complainant Parveen Kumar under Sec. 154 Crimial P.C. Ext. PW1/A, on the basis of which FIR Ext. PW9/A was registered and endorsement of which is Ext. PW9/B. After inspection spot map Ext. PW9/C was prepared, photographs of spot Ext. PW9/D was taken, negatives of which is Ext. PW9/E. The jeep and the car were taken into possession vide memos Ext. PW2/A and and Ext. PW3/A and these were also got mechanically examined and reports Ext. PW5/A and Ext. PW5/B were obtained. MLC Ext. PW6/A and Ext. PW6/B were also obtained and it was found that the accused and the child who was sitting with him sustained simple as well as grievous injuries on their person. Statement of witnesses were recorded as per their versions. The accused was challaned accordingly.

(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. 338 of the Indian Penal Code, to which he pleaded not guilty and claimed trial.