STATE OF HIMACHAL PRADESH Vs. KABUL SINGH

JUDGEMENT

(1.) The instant appeal is directed by the State of Himachal Pradesh, against, the impugned judgment rendered by the learned Judicial Magistrate, 1st Class, Court No.1, Una, H.P., upon, Criminal Case No. 13-I-02/10-II-02, wherethrough, the respondent herein (for short 'accused'), stood acquitted, by the learned trial Court, vis-a-vis, the charge framed against him.

(2.) The offending jeep bearing registration No. HP20- A-2468, was driven at the relevant time, hence, by the accused, one Kabul Singh. In sequel to the purported rash and negligent hence driving of the afore jeep, by the accused, it collided against another jeep bearing registration No. HP23- 1763, rather driven by one Charanji Lal, and, in sequel thereto, the, driver of the afore jeep, sustained fatal injuries, on his person. Moreover, the accused had also sustained injuries on his person.

(3.) The complainant one Kuldeep Kumar (PW-3) made a testification, vis-a-vis, the offending jeep, being driven by the accused, on, the middle of the road, however, he feigned ignorance, vis-a-vis, the offending jeep, upon, arriving near the jeep driven by the deceased Charngi Lal, it, developing a mechanical snag, (i) in as much, as, the front right side tyre thereof getting burst, and, also the main leaf spring of the right side of the jeep becoming broken, and, in sequel whereto the offending jeep became mismaneuvered towards the right side.