STATE OF HIMACHAL PRADESH Vs. MOHINDER SINGH

JUDGEMENT

(1.) By this appeal, the State of Himachal Pradesh has challenged the judgment of Chief Judicial Magistrate, Sirmaur District. Nahan, dated 22.10.1984 in case No. 9212 of 1980 whereby the Court acquitted the accused in a case under section 304 A of the Indian Penal Code.

(2.) The brief facts of the case, as presented by the prosecution, are that on 14.3.1980 at about 8.30 a.m., the accused was driving truck No. HPN-1156 rashly or negligently as a result of which Shri Hira Lal and Shri Girish, both students, sustained injuries on their persons as a result of which one of -them, Shri Hira Lal, died in the hospital where both of them had been removed from the spot after the incident. The trial proceeded and ultimately it ended in the acquittal of the accused.

(3.) Shri M.S. Guleria, learned Assistant Advocate General, made serious submissions in support of the appeal whereas Shri R.K. Sharma, who appeared for the accused, defended the judgment of the trial court with every effort at his command. Shri M.S. Guleria, learned Assistant Advocate General, argued that the observation of the trial court that the case has not been properly investigated, is absolutely wrong. As a matter of fact, he argued, the prosecution has proved the case beyond all reasonable doubts and the only conclusion which could be drawn, in the presence of clear and cogent evidence on the record, was the conviction of the accused. On the other hand, the learned counsel for the accused submits that there is no sufficient evidence on record to show the speed, rashness and negligence of the accused. Further, it is submitted that the two boys were grappling with each other when unfortunately one of the boys was pressed when he came near the truck. In nutshell, the submission of the learned counsel for the accused is that it was the fault of the boys that they came near the truck due to grappling. Another contention of the counsel is that in the absence of proper site plan, the exact situation depicting the boys and the truck cannot be ascertained and established which is a serious defect.