STATE OF H P Vs. HARDEV

JUDGEMENT

(1.) Instant criminal appeal filed under Sec. 378 of the Cr.PC., is directed against the impugned judgment of acquittal dated 18.08.2010, passed by the learned Judicial Magistrate, Ist Class, Kandaghat, District Solan, H.P., in Cr. Case No. 32/2 of 2008, whereby the respondent accused came to be acquitted of the offences punishable under Sections 279, 337, 304-A and 201 of the IPC.

(2.) Briefly stated facts as emerge from the record are that PW1 Sunny Baghera, got his statement recorded under Sec. 154 Cr.PC (Ext.PW1/A) alleging therein that on 24.5.2008, one Maruti Car and private bus being driven by the accused had collided with head-on collision, as a consequence of which, occupants of Maruti Car bearing No. HP -14-1483 received injuries and were taken to IGMC, Shimla. Unfortunately, one of injured namely Shri Satya Parkash succumbed to injuries on his way to IGMC Shimla. On the basis of aforesaid statement having been made by PW1, formal FIR (Ext.PW11/B) dated 26.3.2010, came to be registered against the accused. Police after completion of investigation presented challan in the competent court of law.

(3.) Learned Judicial Magistrate, Ist Class, Kandaghat, District Solan, H.P., on being satisfied that prima-facie case exists against the respondentaccused put notice of accusation for having committed offence punishable under Sections 279, 337, 304-A and 201 of the IPC, to which the accused pleaded not guilty and claimed trial, however fact remains that he did no lead any evidence in support of his defence. Learned trial Court on the basis of evidence adduced on record by the prosecution held the accused not guilty of having committed offences punishable under Sections 279, 337, 304- A and 201 of the Penal Code and accordingly, acquitted him. In the aforesaid background, being aggrieved and dis-satisfied with the aforesaid judgment of acquittal recorded by the court below, appellant-State has approached this Court by way of instant proceedings, seeking therein conviction of the respondent-accused after setting aside the judgment of acquittal recorded by the court below.