STATE OF HIMACHAL PRADESH Vs. JITENDER KUMAR

JUDGEMENT

(1.) The present appeal is maintained by the appellant/State, laying challenge to judgment dated 26.07.2008, passed by learned Judicial Magistrate 1st Class, Joginder Nagar, District Mandi, H.P., in Police Challan No. 342-2 of 2003, whereby the accused/respondent (hereinafter referred to as "the accused") was acquitted for the commission of the offences punishable under Sections 279 and 337 of Indian Penal Code, 1860 (hereinafter referred to as "IPC").

(2.) The key facts necessary for adjudication of this appeal can tersely be summarized as under: As per the prosecution story, on 07.09.2003, Shri Puran Chand (complainant), was coming to Joginder Nagar from Padhar in his vehicle, i.e., Alto Car having registration No. HP29-1100 and three more occupants were sitting in the said vehicle. At place Himgallu, near Urla on Mandi-Pathankot Highway, Jitender Kumar (accused) was driving Mahindra Pickup, having registration No. HP02M-3514, on the wrong side and in a rash and negligent manner. The accused rammed his vehicle with the vehicle of the complainant and in the said accident both complainant and the accused sustained injuries and the vehicle of the complainant was damaged. On the telephonic information by the complainant, police entered a rapat and proceeded to the spot. Subsequently, FIR was registered and Investigating Officer drew the spot map and also recorded the statements of the witnesses. Police also got clicked the photographs of the spot of accident and both the vehicles were impounded. After completion of investigation, challan was presented in the Court.

(3.) The prosecution, in order to prove its case, examined as many as eleven witnesses. Statement of the accused was recorded under Section 313 Cr.P.C, wherein he pleaded not guilty. In defence, the accused examined only witness.