AJAY MOHAN GOEL,J. - (1.)This appeal has been filed against judgment dated 05.11.2007, passed by the Judicial Magistrate 1st Class, Arki, District Solan, H.P. (hereinafter referred to as 'the learned trial Court'), in Criminal Case No. 48/2 of 2002, titled as State of Himachal Pradesh versus Nikku Ram, vide which the learned trial Court has acquitted the accused for the commission of offences under Sections 279, 337 and 304 -A of the Indian Penal Code (hereinafter referred to as 'the impugned judgment').
(2.)In brief, the case of the prosecution was that on 26.09.2001, at about 4.30 p.m., the accused was driving bus bearing registration No. HP -11 -0511 from Arki to Shalaghat in a rash or negligent manner. When the said bus reached near Shyarda Bridge, the accused failed to negotiate the curve, as a result of which, the bus fell into the 'Khad', resulting in injuries to more than 52 persons and death of 4 persons. The accident was telephonically reported to the police by some unknown person, on the basis of which, Rapat Ext. PW -19/A was entered in the Rojnamcha by the police. Thereafter, the police visited the spot and recorded the statement of complainant Gobind Ram under Section 154 of the Code of Criminal Procedure and on the basis of the said statement, FIR Ext. PW -19/E was registered against the accused for the commission of offences under Sections 279, 337 and 304 -A of the Indian Penal Code, for short 'IPC'.
(3.)It was further the case of the prosecution that during the course of the investigation, photographs of the spot were clicked and the spot map was prepared. The injured persons were taken to Civil Hospital, Arki, out of which, many were referred to Indira Gandhi Medical College, Shimla. The vehicle was got mechanically examined by the police. The postmortem of the dead bodies of the persons, who died in the said accident, was also got conducted.