STATE OF H P Vs. DIGVIJAY THAKUR

JUDGEMENT

(1.) The instant appeal stands directed by the State of H.P. against the judgment of the learned Judicial Magistrate 2nd Class, Court No. (VI), Shimla, H.P. rendered on 25.07.2007 in Crl. Case No. 164/2 of 2006/05, whereby, he acquitted the accused/respondent herein for his allegedly committing offences punishable under Sections 279, 337 and 338 of the IPC.

(2.) The facts relevant to decide the instant case are that on 5.11.2004 at about 7.20 p.m. at Sanjauli Chowk, accused Digvijay Thakur was driving a Tata Safari vehicle bearing No. DL-1CC-9908 in a rash or negligent manner so as to endanger human life and personal safety of others and by such driving he hit his vehicle with one Viraj Sharma and his daughter, due to which he fell and the tyre of the aforesaid vehicle passed over the legs of Viraj Sharma and he thereby sustained simple as well as grievous injuries on his person. On the aforesaid facts, FIR was registered in the police station concerned. The police started the investigations in the case and completed all the codel formalities.

(3.) On conclusion of the investigations, into the offences, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed in the competent Court.