STATE OF HIMACHAL PRADESH Vs. MEHAR SINGH

JUDGEMENT

(1.) This appeal arises out of the judgment of acquittal passed by Judicial Magistrate, 1st Class (II), Una, in Criminal Case No. 218 -1 -198 -A, 85 -11 of 1983, decided on 8 -11 -1985. In this case, the accused, a Driver of truck No DHL -3137, was proceeded against under sections 279/304 -A of the Indian Penal Code. He was acquitted by the trial court. The State feels aggrieved by this acquittal and, therefore, challenges this acquittal by this appeal.

(2.) The brief facts of this case are that on 10 -1 -1983 at about 5 15 p m, the accused was driving truck No. DHL -3137on Una -Nangal Road rashly and negligently thereby endangering human lives. As a result of this act, the accused caused the death of Shri Ravinder Kumar (5 years) who died at the spot. Report Ex. PW I/A was lodged with the police whereupon First Information Report Ex PW 9/A was registered against the accused. Postmortem report Ex PW 9/B was prepared, site plan Ex PW 9/C was drawn. Photographs of the dead body of Ravinder Kumar and the truck involved in the accident (Ex. P. 1 to Ex. P. 3) were taken. The police also took into possession, the truck in question through Ex. PW 6/A and it was mechanically examined and a report of the same is Ex. PW 5/A. The police recorded the statements of the witnesses at the spot and after investigation, challan was preserved in the court for trial of the accused for the aforesaid offences. The accused pleaded not guilty and claimed trial.

(3.) The key question to be examined in this case is whether the accused was rash and negligent or both while driving the truck and whether he was driving it in such a way that it endangered human lives on Una -Nangal Road -a State Highway. To examine these questions, it is essential to refer to the statements of witnesses examined by the prosecution in this case.