STATE OF H P Vs. KAMLESH KUMAR

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the impugned judgment rendered on 14.9.2007 by the learned Judicial Magistrate, Ist Class, Court No. II, Hamirpur, H.P in police Challan No. 47-II-2005, whereby the learned trial Court acquitted the respondent (for short 'accused') for the offences punishable under Sections 279 and 337 of the Indian Penal Code.

(2.) The brief facts of the case are that on 14.7.2005 at about 11.00 a.m. at place Badhar accused was found to be driving a bus bearing registration No. HP-22-4834 in rash and negligent manner on a public road so as to endanger human life and personal safety of the others. Due to his rash and negligent driving he lost control over the vehicle and bus turned turtle due to which Duni Chand, Hukam Chand and Harnam Singh received simple inquires on their person. It has been alleged that the matter was reported to the police vide Rapat Ex.P-4. Statement of the complainant Ex. Ex.PW-1/A was recorded. On the basis of which FIR Ex. PW-7/A was registered. Rukka Ex.PW-6/B was prepared. Injured were medically examined on an application Ex.PW-9/A. Spot map Ex. PW-10/B was prepared. RC and insurance of the bus was taken into possession vide seizure memo Ex,.PW-4/B. Bus was taken into possession vide recovery mmeo Ex.PW-5/A. DL of the accused was also taken into possession. Bus was got mechanically examined and its mechanical report is comprised in Ex.PW-6/A. Photographs Ex. PW-8/A to PW8/C were clicked. Statements of the witnesses were recorded. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.

(3.) Notice of accusation stood put to the accused by the learned trial Court for his committing offences punishable under Sections 279 and 337 of I.P.C, to which he pleaded not guilty and claimed trial.