STATE OF H P Vs. RAM CHANDER

JUDGEMENT

(1.) This appeal, by the State, arises out of the judgment of acquittal by Judicial Magistrate 1st Class (II), Shimla, in case No. 174/2 of 1983 decided on 31/12/1985. It relates to an offence under sections 279/337 I.P.C. read with sections 117 and 3/112 of the Motor Vehicles Act. The brief facts of the case are that on 17/8/1985 the police reached the place of accident near the Victory Tunnel and found that Jeep No. HIS - 4806 and Jeep No. HIM-2765 were going towards Victory Tunnel. From the opposite side bus bearing No. HIL 5266 came, driven by the accused, in a rash and negligent manner and collided with Jeep No. HIM-2765 and Jeep No. HIS-4806. This collision caused injuries to Padam Singh driver of one of the Jeeps, besides Sh. Roop Singh Dogra, Chief Enginneer, Electricity Board, Shimla (P.W. 2).

(2.) The accused Ram Chander was medically examined and it was found that he had taken alcohol. After investigation, challan under the aforesaid sections was initiated.

(3.) The accused denied the charge and claimed to be tried. The prosecution examined thirteen witnesses and the accused also examined witnesses in defence besides his state ment under section 313, Cr.P.C. He admitted the accident but attributed the same to the rash and negligent driving by the Tdrivers of these two jeeps. Besides this he alleged that the steering of his bus went out of order. The trial ended in the acquittal of the accused. The State assails this judgment by way of this appeal. The accused has been served as per office report but he has not appeared. I, therefore, proceed to decide this matter.