STATE OF HIMACHAL PRADESH Vs. ANIL KUMAR

JUDGEMENT

(1.) Present appeal has been preferred by the State against the judgment dated 21.01.2008, passed by learned Sessions Judge, Solan, H.P., in Criminal Appeal No.9-S/10 of 2007, titled as Shri Anil Kumar vs. State of Himachal Pradesh, whereby the respondent-accused has been acquitted in a case FIR No.125/98 dated 01.08.1998, registered in Police Station, Parwanoo, under Sections 279 and 337 of Indian Penal Code, after reversing the judgment dated 09.05.2007/15.05.2007, passed by learned Additional Chief Judicial Magistrate, Kasauli, District Solan, H.P., in Criminal Case No.103/2 of 2000/98, titled as State of Himachal Pradesh vs. Anil Kumar, wherein respondent-accused was convicted for the offence punishable under Sections 279, 338 and 304-A IPC and sentenced to undergo simple imprisonment for one month and fine of Rs.500/- for commission of offence punishable under Section 279 IPC and in default of payment of fine to undergo further simple imprisonment for ten days; sentenced to undergo simple imprisonment for one month and fine of Rs.500/- for commission of offence punishable under Section 338 IPC and in default of payment of fine to undergo further simple imprisonment for ten days; and sentenced to undergo simple imprisonment for three months and to pay fine of Rs.1000/- for commission of offence punishable under Section 304-A IPC and in default of payment of fine to undergo further simple imprisonment for one month.

(2.) Brief case of the prosecution is that on 01.08.1998, on Kalka-Shimla road, at a place Datyar, at about 12.10 AM, respondent-accused, driving his vehicle Zen bearing registration No.HR-04-6960 in a rash and negligent manner endangering human life, had caused injuries to the occupants of the car leading to death of one of the occupants. Immediately, after the accident, some unknown person informed the police about the accident and at the instance of SHO of Police Station, Parwanoo, FIR No.125/98 dated 01.08.1998 (Ex.PA) was registered under Sections 279 and 337 IPC and, later on, after death of one of the occupants of the car, Section 304-A was also added. After completion of investigation, challan was presented in trial Court.

(3.) Finding complicity of the accused, in commission of offence, trial Court has put notice of accusation to the respondent-accused under Sections 279, 338 and 304-A IPC.