STATE OF HIMACHAL PRADESH Vs. RAJU

JUDGEMENT

(1.) Instant appeal is directed against the verdict of acquittal pronounced by the learned Sessions Judge Hamirpur, upon, Criminal Appeal No. 48 of 2007, upon, the latter being preferred therebefore, hence, by the accused/respondent herein (for short "accused"), against, the order of conviction and consequent thereto sentence, as, recorded, by, the learned Chief Judicial Magistrate, Hamirpur, H.P, upon, Criminal Case No. 184-I of 2005/61-II of 2006, and, vis-a-vis, the accused, for, notice of accusation put under Section 279, and, under Section 337, of, the IPC.

(2.) The brief facts of the case are that on March, 2005, a telephonic message was received at 6.05 p.m. which was entered in Rapat Ex.PW-7/A to the effect that one Truck and car were involved in an accident near Mair. So, the Investigating Officer went to the spot and recorded the statement of the complainant Smt. Shail Sood under Section 154 of Cr.P.C Ex.PW-3/A. It was reported that she is a shopkeeper at 66, the Mall Shimla. On March, 1, 2005 she alongwith her husband and son Shail Sood were proceeding from Palampur to Shimla in their Santro Car bearing registration No. HP 62-0182. Salil was driving the car. When they reached at about 5.00 p.m. near Mair, Truck No. HP20A-2267 came from the opposite side hit the car which driving the truck rashly and negligently. They sustained injuries in the accident. The matter was reported to the police. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused, challan was prepared and filed in the Court.

(3.) Notice of accusation under Section 279 and 337, was, put to the accused, whereto which he pleaded not guilty and claimed trial.