STATE OF HIMACHAL PRADESH Vs. BALKAR SINGH @ SURAM SINGH
HIGH COURT OF HIMACHAL PRADESH
STATE OF HIMACHAL PRADESH
Balkar Singh @ Suram Singh
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Vivek Singh Thakur,J. -
(1.) State of Himachal Pradesh has approached this Court against acquittal of respondent vide judgment dated 1.12.2006 passed by Sub Divisional Judicial Magistrate, Jawali, in Criminal Case No. 101-II/2002, titled State of HP vs. Balkar Singh @ Suram Singh, in case FIR No. 21 of 2002, dated 22.1.2002, registered in Police Station Jawali, under Sections 279, 338 and 304-A of Indian Penal Code (in short 'IPC').
(2.) Prosecution case, in brief, is that on 22.1.2002 at about 9 AM, respondent/accused, while driving Maruti Van No. PAC-3468 in rash and negligent manner in village Barot, had hit Chiru Ram and dragged him for 60 to 70 feet causing his death on the spot.
(3.) On the basis of statement of PW3 Baldev Singh recorded under Section 154 Cr.P.C. (Ext.PW2/A), FIR was registered by police and investigation was carried out. In his statement, PW3 Baldev Singh had stated that Chiru Ram was walking on his own side on the side of road and van coming from Fatehpur side, on wrong side, with high speed had hit and dragged Chiru Ram between both front tyres for a distance of 60 to 70 feet causing death of Chiru Ram and the said van was being driven by Suram Singh son of Gorkhu Ram resident of Bankehar and the said incident was also witnessed by Karnail Singh (not examined) and Bhawani Singh (PW1-A), who were basking in the sun near the tree of Pipal. It is claimed by Baldev Singh that accident had taken place for rash, negligent and wrong side driving of driver of van No. PAC-3468.;
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