STATE OF H P Vs. AJAY KUMAR SOOD

JUDGEMENT

(1.) Instant Criminal Appeal having been filed by the appellant-State, is directed against the judgment of acquittal dated 26.7.2008, passed by learned Judicial Magistrate, Court No.4, Mandi, District Mandi, Himachal Pradesh in police Challan No.67-II/01, whereby learned trial Court held respondent (hereinafter referred to as the accused) not guilty of having committed of offences punishable under Sections 279 and 337 of IPC and accordingly acquitted him.

(2.) Briefly stated facts, as emerge from the record are that on 2.6.2001 complainant, namely, Pawan Kumar (PW-1) got his statement recorded under Section 154 Cr.P.C. Ex.PW1/A, alleging therein that on 2.6.2001, he alongwith his family members and friends was going from Dharamshala to Manikaran in his car bearing registration No. HP-39-7261 and when they reached at place called as Tandu, a Tata Sumo bearing registration No. HR-26-L-0827 came from opposite direction in a high speed and struck against his car, as a consequence of which, he alongwith other occupants of the car suffered injuries. Complainant specifically alleged in the complaint that accused was driving Tata Sumo in a rash and negligent manner and accident occurred on account of his fault. On the basis of aforesaid statement given by the complainant, formal FIR Ex.PW4/A, came to be registered against the accused at police Station, Balh, District Mandi, H.P. After completion of the investigation, police presented the challan in the competent Court of law, who being satisfied that a prima-facie case exist against the accused, put notice of accusation to him for the commission of offence punishable under Sections 279 and 337 IPC, to which he pleaded not guilty and claimed trial.

(3.) With a view to prove its case prosecution examined as many as eight witnesses, whereas accused in his statement recorded under Section 313 Cr.P.C. denied the case of the prosecution in toto. However, he did not lead any evidence in his defence.