STATE OF HIMACHAL PRADESH Vs. VIPIN KUMAR

JUDGEMENT

(1.) Present appeal has been preferred by the State against the judgment dated 11.01.2008, passed by learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, H.P., in Criminal Appeal RBT No.13/D/05/04, titled as Vipin Kumar vs. The State of Himachal Pradesh, whereby the respondent-accused has been acquitted in a case FIR No.203/2002 dated 28.10.2002, registered in Police Station, Dharamshala, District Kangra, H.P., under Sections 279 and 337 of Indian Penal Code, after reversing the judgment dated 06.07.2004/07.07.2004, passed by learned Chief Judicial Magistrate, Kangra at Dharamshala, H.P., in Criminal RBT Case No.48-II/04/03, titled as State vs. Vipin Kumar, wherein respondent-accused was convicted for the offence punishable under Sections 279 and 337 IPC and Section 184 of the Motor Vehicles Act, 1988 (hereinafter referred to as the M.V. Act) and sentenced to pay fine of Rs.1000/- for commission of offence punishable under Section 279 IPC and in default of payment of fine to undergo simple imprisonment for one month; sentenced to pay fine of Rs.500/- for commission of offence punishable under Section 337 IPC and in default of payment of fine to undergo simple imprisonment for fifteen days; and sentenced to pay fine of Rs.1000/- for commission of offence punishable under Section 184 of the M.V. Act and in default of payment of fine to undergo simple imprisonment for one month.

(2.) I have heard Mr. Raju Ram Rahi, learned Deputy Advocate General on behalf of the appellant-State and Mr.Naresh Sharma, learned counsel, for respondent-accused and have also gone through the record.

(3.) Prosecution case, in brief, is that on 28.10.2002, at about 7.30 p.m. respondent-accused Vipin Kumar, driving his Scooter bearing registration No.HP-39-4692 in a rash and negligent manner endangering human life and personal safety of others, at Sidhbari, rammed against Scooter bearing registration No.HP-39-0627, coming from opposite side being driven by complainant Praveen Kumar and thus caused injuries to him and thereafter ran away from the spot alongwith Scooter after commission of offence and thus has committed offences punishable under Sections 279, 338 and 338 IPC and Section 184 of the M.V. Act.