STATE OF HIMACHAL PRADESH Vs. SURESH KUMAR

JUDGEMENT

(1.) This appeal has been preferred against acquittal of the respondent pronounced vide judgment dtd. 4/10/2007 in criminal case No.86/2 of 2002 by learned Chief Judicial Magistrate, Bilaspur H.P. (hereinafter referred to as the trial Court) in case FIR No. 121 of 2002 registered under Sec. 279, 337 and 338 IPC read with Ss. 181 and 196 of Motor Vehicles Act in P.S. Bilaspur (H.P.)

(2.) I have heard learned Additional Advocate General for the appellant and learned counsel for the respondent and I have also gone through the record.

(3.) Brief case of the prosecution is that on 6/4/2002 at about 9.45 PM, respondent/accused was driving his scooter on the National Highway No. 21 near HPMC Juice Bar, Nihal Sector, Bilaspur in rash and negligent manner endangering the human life and personal safety of others and had struck his scooter against car No. HP-35B-2155 being driven by PW2 Chetan Kumar. After accident, on the basis of statement made by PW2 Chetan Kumar, FIR was registered and investigation was carried out by PW6 ASI Gautam Chand, who had seized the vehicles involved in the accident and prepared spot map and recorded statements of witnesses. He also obtained the MLC and X-ray and treatment slip of accused from hospital and after completion of investigation, on finding prima facie complicity of accused in commission of offence, challan was presented in Court. On conclusion of trial, the trial Court has acquitted the respondent, hence appeal.