STATE OF H P Vs. SANDEEP SHARMA

JUDGEMENT

(1.) The present matter arises out of F.I.R No. 408 of 2005 dated 9th Dec., 2005 registered in Police Station, Hamirpur, for commission of offences punishable under Sections 279 and 337 of the Indian Penal Code. During the investigation, the injured succumbed to his injuries and Sec. 304A Penal Code was added in place of Sec. 337 Penal Code. The matter was investigated and 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.

(2.) Vide order dated 15th Jan., 2007, learned trial Court in Cr. Case No.22-1 of 2006/126-II of 2006 put notice of acquisition to the accused for commission of offences punishable under Sections 279 and 304-A Penal Code for driving motorcycle in public highway in a rash and negligent manner and for causing death of victim, not amounting to culpable homicide due to rash and negligent manner.

(3.) The learned trial Court recorded statement of witnesses. After completion of the prosecution evidence, trial Court in compliance to Sec. 313 Crimial P.C. put incriminating circumstances to the accused. In answers to questions put under Sec. 313 Cr.P.C the accused has admitted the following circumstances:-