STATE OF HIMACHAL PRADESH Vs. ROHTASH SINGH

JUDGEMENT

(1.) This appeal has been preferred by the State against acquittal of respondentRohtash Singh vide judgment, dated 31st March, 2008, passed by the learned Judicial Magistrate 1st Class, Court No. VI, Shimla, H.P. in Criminal Case No. 165/2 of 2006 in case FIR No. 265 of 2005, dated 1st October, 2005, registered under Sections 279 and 337 of the Indian Penal Code (for short 'IPC') in Police Station Sadar, District Shimla.

(2.) Prosecution case is that on 1st October, 2005, at about 11.00 a.m., respondentRohtash Singh had endangered human life and personal safety of complainant PW1 Hemanti Devi, while driving bus bearing registration No. HR371460 in rash and negligent manner, causing grievous hurt to the injured.

(3.) As per statement of PW1 Hemanti Devi, Ex. PW1/A, recorded under Section 154 of the Code of Criminal Procedure (for short 'CrPC') , on 1st October, 2005, at about 11.00 a.m., when she was walking on her left side of the road near State Bank at Longwood, Shimla, a bus, bearing registration No. HR371460, being driven in rash and negligent manner by respondentRohtash Singh, came there whereupon she stood sticking to the railing, but the said bus crossed squeezing her abdomen between the railing and the bus resulting into injuries to her abdomen and waist. Further, that she came to know that driver was Rohtash Singh, s/o Jagdish Singh, whose rash and negligent act had caused the accident.