STATE OF H P Vs. MOHINDER SINGH

JUDGEMENT

(1.) The State has come in appeal against the judgment dated 7.6.2001 passed by learned Judicial Magistrate Ist Class, Nurpur in Criminal Case Challan No.14-II/98, acquitting the respondent for offence punishable under Sections 279, 304-A IPC.

(2.) The prosecution case in brief is that statement Ex.PW-1/A of PW-1 Ashok Kumar was recorded on 26.12.1994 under Section 154 Cr.P.C. and there upon FIR Ex.PW-7/A was registered at Police Station, Nurpur. The further case of the prosecution is that on 25.12.1994 at about 11.30 AM, PW-1 Ashok Kumar, Mohinder Kumar Whether the reporters of the local papers may be allowed to see the Judgment yes and Keshav Dutt had gone out for collecting fodder for their cattle. They were returning to their homes at about 3.30 PM. They stopped on the way for drinking water and took rest at Gureli Khad. In the meantime tractor bearing registration No.HP-38-4717 which was being driven by accused came there and was loaded with Bajri. The accused stopped the tractor and had some talk with Keshav Dutt. Keshav Dutt asked them to put their fodder on the tractor trolley. It has been alleged that PW-1 and Mohinder Singh quickly sat on the tractor but Keshav Dutt could not board the tractor and in the meantime tractor gained speed, suddenly Keshav Dutt fell down and was crushed under the right rear tyre of the tractor and succumbed to injuries on the spot. It has been alleged that accident took place due to rash and negligent driving of the tractor driver. The tractor driver ran away from the spot.

(3.) On completion of investigation challan was presented against the respondent and he was charged for offence punishable under Sections 279 and 304-A IPC, he pleaded not guilty and claimed trial. The prosecution has examined eight witnesses and produced some documentary evidence. The statement of respondent was recorded under Section 313 Cr.P.C. The learned Judicial Magistrate acquitted the respondent on 7.6.2001 and therefore, the State has come in appeal.