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SURESHWAR THAKUR
State of H. P. – Appellant
Versus
Sharanjit – Respondent
Key Points: - The State appealed the trial court's acquittal of the accused under Sections 279, 337, and 338 IPC for rash and negligent driving causing injuries in a collision (!) [18000191540003][18000191540005]. - FIR was registered based on complainant's statement under Section 154 Cr.P.C. after accused's vehicle allegedly struck a bicycle, injuring complainant and his brother [18000191540001]. - Prosecution examined 9 witnesses; accused denied charges in statement under Section 313 Cr.P.C. [18000191540003]. - Trial court acquitted accused after appraising evidence [18000191540004]. - Eyewitnesses PW-1 and PW-2 testified the collision site had steep gradient, potholes, narrow width, and zig-zag road, dispelling claims of accused's high speed or negligence [18000191540009]. - PW-2 confirmed cyclist lost control due to steep gradient and perplexity on seeing oncoming vehicle [18000191540009]. - Injuries to complainant's brother were due to fall from bicycle, as per PW-9 [18000191540008]. - Court found trial court's evidence appraisal balanced, without misappreciation, affirming acquittal [18000191540010]. - State's appeal dismissed; acquittal judgment affirmed [18000191540011].
Sureshwar Thakur, J.
The instant appeal is directed by the State of H.P. against the judgment of the learned Judicial Magistrate 1st Class, Court No. 2, Una, District Una, Himachal Pradesh, rendered on 18.06.2007 in Cr. Case No. 10-II-99 whereby, the learned trial Court acquitted the accused/respondent herein of the offences punishable under Sections 279, 337 and 338 of the Indian Panel Code.
2. The facts relevant to decide the instant case are that on 25.4.1999 at around 12.15 p.m. at Dhundla, accused was found driving a Meta-door vehicle bearing No. DL-08-2281 on a public road in a rash and negligent manner so as to endanger human life and personal safety of other and while driving as such accused struck his vehicle against a cyclist i.e. complainant Husain Ali and thereby caused him and his brother Anayat Ali simple and grievous injuries. On a statement made by complainant Husain Ali under Section 154 of the Cr.P.C. to the police, FIR was registered against the accused in the police station concerned. Thereafter, the police completed the investigation formalities.
3. On conclusion of the investigation, into the offence, allegedly committed by the accused, report under Sec
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