STATE OF H.P. Vs. HEMANT SHARMA

JUDGEMENT

(1.) Instant criminal appeal filed under Section 378 of the Cr.PC., lays challenge to impugned judgment of acquittal dated 25.2.2009, passed by the learned Additional Chief Judicial Magistrate-I, Mandi, District Mandi, H.P., in Cr. Case No. 138-I/06/50-II/06, whereby the respondent-accused came to be acquitted of the notice of accusation under Sections 279, 304-A and 337 of the IPC.

(2.) Complainant Muralidhar Yadav in his statement recorded under Section 154 Cr.PC. (Ext.PW-1/A), alleged that on 3.5.2006, at about 10:00 a.m., at place called Nishant Guest House near Ner Chowk, the respondent- accused while driving the Scooter bearing No. HP-33A-2417 in rash and negligent manner so as to endanger human life and personal safety of others Whether reporters of the Local papers are allowed to see the judgment? hit another Scooter bearing No. HP-33A-0361 being driven by one Azad Singh, as a consequence of which, above named Azad Singh alongwith other pillion rider, suffered serious injuries. Azad Singh subsequently succumbed to injuries On the basis of aforesaid statement having been made by the complainant, formal FIR Ext.PW6/A came to be registered against the accused. Police after completion of investigation presented challan in the competent court of law, who on being satisfied that prima-facie case exists against the respondent- accused, put notice of accusation to him under Sections 279, 334 and 304-A, IPC, to which he pleaded not guilty and claimed trial. Prosecution with a view to prove its case examined as many as eight witnesses, whereas accused in his statement recorded under Section 311 Cr.PC denied the case of the prosecution in entirety, however, he did not lead any evidence in his defence.

(3.) Learned trial Court on the basis of evidence adduced on record by the prosecution held the accused not guilty of having committed offences punishable under aforesaid provisions of law and accordingly, acquitted him vide judgment dated 25.2.2009. In the aforesaid backdrop, appellant-State has approached this Court by way of instant proceedings, seeking therein conviction of the respondent-accused after setting aside the judgment of acquittal recorded by the court below.