STATE OF H.P. Vs. JAISHI RAM

JUDGEMENT

(1.) Feeling aggrieved by the judgment dated 16.10.1993 passed by the learned Sub Divisional Judicial Magistrate, Palampur, whereby the accused -respondent (here -in - after referred to as the accused) has been acquitted of the acusations under Sections 279, 337 and 304 -A I.P.C., the State has preferred the present appeal.

(2.) The case of the prosecution, in brief, is that on 25.1.1991 at about 8.30 PM the accused was driving Truck No. HPM -9062 on a public way at Sunpur in a rash and negligent manner so as to endanger human life and personal safety of others. Consequently, due to the rash speed the truck turned turtle as a consequence whereof PW -2 Ravinder Kumar sustained injuries and Vijay Kumar died of the injuries sustained by him in the accident. The matter was reported to the police by Ravinder Kumar whereupon a F.I.R. came to be registered in police Station Baijnath and the matter was investigated into by the Police. After investigation a charge -sheet under Section 279,337 and 304 -A I.P.C. was submitted against the accused who came to be tried by the learned Sub Divisional Judicial Magistrate, Palampur, who acquitted the accused of the accusations.

(3.) I have heard the learned Deputy Advocate General and the learned counsel for the accused.