STATE OF HIMACHAL PRADESH Vs. AJAY SHARMA

JUDGEMENT

(1.) The present appeal is maintained by the appellantState of Himachal Pradesh against the judgment of acquittal of accused in a case, under Sections 279, 337 and 338 of the Indian Penal Code, passed by the learned Chief Judicial Magistrate, Hamirpur (H.P) dated 01.01.2009, in Criminal Case No.3-I of 2008/47- II of 2008.

(2.) Briefly stating facts giving rise to the present appeal are that on 29.6.2007, complainant-Mukesh Anand was driving the vehicle bearing registration No.HP-09A-1602, when the vehicle reached near Dugha, at about 12:20 pm, truck bearing registration No.HP51B-0394, came with high speed and hit the vehicle bearing registration No.HP-09A-1602. The accident had taken place due to rash and negligent driving of the truck driver. The matter was reported to the police, on the basis of which, FIR was registered. During the course of investigation, statement of witnesses recorded and site plan was prepared. Thereafter, codal formalities were completed and challan was presented in the Court.

(3.) The prosecution, in order to prove its case, examined as many as sixteen witnesses. Statement of accused was recorded, under of the Code of Criminal Procedure, wherein he has denied the prosecution case and claimed innocence. No defence evidence was led by the accused.