STATE OF HIMACHAL PRADESH Vs. JAI PAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 13-12-1994 passed by the learned Chief Judicial Magistrate, Solan whereby accused-respondent (hereinafter referred to as the 'accused') has been acquitted of the accusations under Sections 279/337 of the Indian Penal Code.

(2.) CASE of the prosecution in brief is that on 2-9-1990 at about 6.30 a.m. Ravinder Kumar (PW 1) was coming on his scooter No. HPA-7095 from Dharampur to Solan. When he reached in front of a shop of Jagdish (PW 2) in Dharampur bazar, one Canter No. HR-04-0195 driven by the accused came from opposite side at an extremely high speed and dashed against the scooter, whereby the scooter fell on left side of the road and Ravinder Kumar sustained injuries. PW Ravinder Kumar made a statement about the occurrence under Section 154, Cr. P. C. Ex. PW-1/A to the police and on the basis of such statement, F.I.R. Ex. PW-7/A was recorded in Police Station, Dharampur and the investigation in the matter commenced. During the course of investigation scoooter and canter involved in the accident were taken in possession respectively vide memos Ex. PW-4/A and Ex. PW-4/B. The canter and the scooter were got mechanically examined and reports about such examination are respectively Ex. PW-4/A and Ex. PW-4/B. Ravinder Kumar was medically examined by Dr. Lalit Gupta (PW-10) and was X-rayed to know the nature of injuries sustained by him. The M.L.C. and X-ray report about his examination are respectively Ex. PW-10/A and Ex. PW-10/B. As per medical opinion, six injuries were found on the person of PW-1, out of which one injury was found grievous and others were simple and are opined to have been caused with a blunt weapon. Photographs of the positions of the vehicles were also taken on the spot. On completion of investigation and on being satisfied that the accused has committed offences punishable under Sections 279/337/338 of the Indian Penal Code, concerned police submitted a charge sheet against the accused who came to be tried by the learned Chief Judicial Magistrate, Solan on the accusations under Sections 279/337 of the Indian Penal Code.

(3.) THE learned trial Magistrate acquitted the accused of the accusations against him, hence the present appeal.