STATE OF H P Vs. RAJINDER KUMAR

JUDGEMENT

(1.) The instant appeal stands directed against, the judgment rendered by the learned Chief Judicial Magistrate, Solan upon, criminal case No. 31/2 of 2002, under Sections 279, 337 and 304-A of the IPC, whereby he pronounced an order of acquittal upon the accused.

(2.) The facts relevant to decide the instant case are that on 28.9.2001 , at about 4:45 p.m. near Guru Kirpa, Dhaba, Patte-Ka-Mor, Kumarhatti on National Highway-22, the accused was driving LP Truck bearing No. HP-14-2526 in rash and negligent manner so as to endanger human life and personal safety of others. The accused by his rash and negligent driving stuck the vehicle against Tata-709 Truck No.HP-15-4627 being driven by the complainant Sh. Chanchal Singh coming from opposite side resulting in simple injuries to himself and Sh. Nand Lal and death of Sh. Ishwar Dutt. It is alleged that the accused was driving LPtruck bearing No. HP-14-2565 rashly and negligently and the accident was out come of the same. The offending vehicle being driven by the accused was on its way from Solan towards Parwanoo, whereas the vehicle being drivenby the complainant was coming from the opposite site on its way from Parwanoo to Ani. The accused after hitting the vehicle against Tata-709 truck bearing No. HP-15-4627 lost control over the same and drove the vehicle on the wrong side of the road and struck the same against road side tree. At the time of the accident the accused was driving LP truck bearing No. HP-14-2526, whereas he was accompanying by Sh. Nand Lal and Sh. Ishwar Dutt. The other persons namely Sh. Charan Dass being the cleaner/conductor of Truck No. HP-15-4627 and Sh. Gopal Dass and complainant escaped unhurt. The information regarding the accident was conveyed at about 12:10 a.m. at P.P. Dagshai on which Rapat No. 22 dated 28.9.2001 was entered pursuant to which a police party heaed by HC Dev Ram No. 78 along with C.Dinesh Kumar and C. Parwinder No. 375 rushed to the accident site. The Police officials on reaching the spot found the body of Sh. Ishwar Dutt lying on the road, whereas the accused and injured Nand Lal had been shifted to CHC Dharampur for medical assistance. The police officials later recorded statement of Chanchal Singh, being driver of Tata 709 Truck bearing No. HP15-4627 under Section 154 Cr. P.C. The medical examination of the injured and the post mortem of the deceased conducted at CHC Dharampur by Dr. A.K. Singh who after examining the injured issued MLC with the opinion that they have sustained injuries. The post mortem report of deceased Ishwar Dutt was also procured separately. Both the vehicles were taken into possession and subjected to chemical examination. The investigation officer visiting the spot prepared spot map and also recorded statements of witnesses under Section 161 Cr.P.C..

(3.) On conclusion of investigations, into the offences, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared, and, filed in the Court concerned.