STATE OF HIMACHAL PRADESH Vs. KRISHAN KUMAR
LAWS(HPH)-1997-5-32
HIGH COURT OF HIMACHAL PRADESH
Decided on May 20,1997

STATE OF HIMACHAL PRADESH Appellant
VERSUS
KRISHAN KUMAR Respondents

JUDGEMENT

ARM.KUMAR GOEL,J. - (1.)This appeal is directed against the judgment passed by Shri P.C. Sharma, Chief Judicial Magistrate, Solan, dated 11 -10 -1991. By means of impugned judgment in case No.35/2 of 1989, the respondent has been acquitted of the offences under Sections 279/337 of the Indian Penal Code for which he was prosecuted on the basis of F.I.R. No.165 of 1988, Police Station, Solan.
(2.)The respondent was challaned by the police of Police Station, Solan on the averments that on 27th December, 1988 he was driving truck bearing registration No.HPS -657
(3.)At about 11 -30 P.M. while driving the said truck on its way to Shimla, he dashed his truck against a truck bearing registration No. HRA - 3437 which was coming from opposite direction. This resulted in causing injuries to the driver of the truck PW -6 Gainda Ram, who was also the owner of the said truck. Further case of the prosecution against the respondent was that Gainda Ram (PW -6) made a complaint vide Ex.PW -6/A, when the police reached the spot on the next day and undertook the investigation. Both the injured, PW -6 Gianda Ram as well as respondent was got medically examinee by the police from Dr. A.K. Singh (PW -1), Medical Officer. Civil Hospital Solan. A request was made vide Ex. PW - I/A to the doctor for conducting the medical examination of Gianda Ram. Abrasion over right ear and clotted blood marks behind the right ear on his person were found. It was observed by the doctor that person is conscious and behaves normal. Pupils were normal and reacting. No smell of alcohol was found nor was he under intoxicated Medico Legal Certificate was recorded by this doctor (PW -I) on the back side of Ex.PW -1/A vide Ex.PW -1/B. On the same date, police brought the respondent for medical examination and a request was made vide application Ex.PW -1/C for his medical examination. The doctor observed that the person is conscious, well oriented to time and space, pulse was found 70 P.M. B.P. 110/80, pupils were normal and reacting to light, left eye was found to be congested, walk was normal, clotted bleed marks over the lower lip were present, It was further observed by the doctor that smell of alcohol was present, but the person was not intoxicated. Medico Legal Certificate Ex.PW -1/D was issued by the said doctor.


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