STATE OF HIMACHAL PRADESH Vs. BIHARI LAL

JUDGEMENT

(1.) This in an appeal against the judgment dated 30.8.1985 passed by the learned Chief Judicial Magistrate, Dharamshala whereby the accused -respondent (here -in -after referred to as ˜the accused) has been acquitted of the accusations under Sections 279 and 304 -A of the Indian Penal Code.

(2.) Case of the prosecution, in brief, is that on 12.4.1993 the accused was driving bus No. HPK -2771 on a public High -way. At about 4.15 PM at Gharoh the head of Sushil Kumar who was travelling in the bus struck against an electric pole and he died. It is alleged that the head of said Sushil struck against the pole due to the rash and negligent driving of the vehicle by the accused. On coming to know these facts PW -1 Chatter Singh made statement Ex. PW -1/A which was recorded by PW -7 Suresh Kumar, S.I. Police Station, Dharamshala on the basis of which formal F.I.R. Ex. PW -6/A was recorded in the said police station. During the course of investigation the post mortem of the dead body of Sushil Kumar was got conducted and as per the opinion therein the cause of the death of said Sushil Kumar was the head injury leading to explusion of brain matter. After recording the statements of some witnesses the Investigating Agency came to the conclusion that it was due to the rash and negligent driving of the bus by the accused that the head of the deceased struck against the electric pole as a consequence whereof he died. Hence, the Officer Incharge, Police Station, Dharamshala submitted a charge -sheet against the accused. The accused came to be tried by the learned Chief Judicial Magistrate, Dharamshala on the accusations under Sections 279 and 304 -A of the Indian Penal Code who vide the impugned judgment acquitted the accused.

(3.) I have heard the learned Additional Advocate General for the appellant and the learned counsel for the accused and have also gone through the records.