Sureshwar Thakur, J.

The instant appeal stands directed by the State of Himachal Pradesh against the judgment of acquittal rendered on 23.4.2008 by the learned Additional Sessions Judge, Mandi upon criminal appeal No. 6 of 2005, whereby he set aside the judgment of conviction and sentence recorded upon the accused/respondents herein, by the learned trial Court.

2. The facts relevant to decide the instant case are that on 10.7.1996 HRTC bus No. HP-33-1376 was enroute from Kullu to Chandigarh. PW-1 Ashok Kumar and PW-4, Prakash Chand were driver and conductor respectively of the H.R.T.C., bus No. HP-33-1376. At about 8 a.m., when the HRTC bus reached near SSB-A.O. Office Sundernagar, the speeding in-coming bus No. HP-31-1260 collided against rear portion of H.R.T.C. bus No. HP-33-1376 in bus No. HP-31-1260 being driven by the accused on wrong side of the road in a rash and negligent manner. Passenger Ram Dass, who was sitting on rear portion of H.R.T.C. bus, sustained injuries and he died on the spot, whereas other passengers sustained injuries in the accident. After the accident, the accused ran away from the spot. The information on telephone about the accident was given to