STATE OF HIMACHAL PRADESH Vs. MADAN SINGH

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 29.06.2005, passed by the learned Judicial Magistrate 1st Class, Nahan, District Sirmaur, H.P, in criminal case No. 36/2 of 2004, under Sections 279 and 338 of the Indian Penal Code.

(2.) Briefly the facts giving rise to the present appeal as per the prosecution story are that on 04.12003 Smt. Rita Devi alongwith her son Rahul, had come to buy household articles at Nahan Bazar and after purchasing the articles, they boarded Bus No. HP-18-3601, in order to reach their home at Vikram Castle. Around 6.00 p.m., the bus reached at Vikram Castle and the driver/accused (hereinafter to be called as "the accused") stopped the bus to drop the passengers there, though Smt. Rita Devi alighted the bus safely, however when her son Rahul alighting the bus, the accused without waiting for the whistle of the conductor, started the bus, as a result of which, he fell down and received injury on his right foot under the rear tyre of the bus. Naresh Kumar/complainant (hereinafter to be called as "the complainant") and his brother Sanjeev Kumar were also occupying the aforesaid bus, who took the injured to the Zonal Hospital, Nahan for treatment and telephonically informed the Police about the said accident. The Police recorded the statement of the complainant, on the basis of which, FIR No. 243/03 was registered against the accused at Police Station, Nahan. The Investigating Officer visited the spot and prepared site plan as per the position of the spot. The bus was taken into possession alongwith its documents and memo in this regard was prepared. The photographs of the place including the offending bus were obtained and vehicle was mechanically examined, which was found without any mechanical defect. After completing the investigation, challan was presented in the Court.

(3.) Prosecution, in order to prove its case, examined as many as eleven 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 29.06.2005, acquitted the accused for the commission of offences, punishable under Sections 279 & 338 of IPC, hence the present appeal.