STATE Vs. BALWANT KUMAR

JUDGEMENT

(1.) The instant appeal stands directed, against, the verdict rendered by the learned Judicial Magistrate, 1st Class, Arki, Tehsil Arki, District Solan, H.P. in criminal case No.3/2 of 2005, whereunder, he returned findings of acquittal, upon, the accused in respect of charges framed, under, Sec. 279, and, under Sec. 304-A, of, the Indian Penal Code, and, under, Sec. 181 and besides, under Sec. 177 of the Motor Vehicles Act.

(2.) Briefly stated the case of the prosecution is that on 20.10.2004, accused person was driving a truck bearing No.HP-64-0939 on a public way from Bilaspur to Shimla. The accused person was driving the truck in rash and negligent manner, so as to endanger human life and personal safety of others and when the accused, while driving the offending truck, reached near Bhararighat at about 3 p.m., he hit his truck with motorcycle, bearing No. HP-24A2239. The accused person was driving the truck on wrong side and in rash and negligent manner. Due to rash and negligent driving of the accused, injuries were caused to one Abhishek and one Rashinder, who thereafter succumbed to their injuries and died. The accused person was driving the truck without holding any valid driving license and log book. Immediately after the occurrence, a telephonic information received at Police Station Darlaghat, whereon the Police party went to the spot. Police recorded the statement of complainant Shri Rohit, under Sec. 154 Crimial P.C. on the basis of which FIR No.109 of 2004 was registered against the accused person, for his committing the offence under Sec. 279 and 304-A of the Indian Penal Code and under Sec. 181 and 177 of M.V. Act. Investigating Officer prepared the spot map. Truck No. HP-64-0939 was taken into possession by the police, vide recovery memo. During the course of investigation, police took into possession the offending truck, vide recovery memo. The motorcycle was also taken into possession, vide separate recovery memo. The police also procured MLCs of Abhishek and Rashinder, the victims. The police also procured the photographs of the spot. Statements of the witnesses under Sec. 161 Crimial P.C. were also recorded.

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