Sandeep Sharma, J.

Instant Criminal Miscellaneous petition filed under Section 378(3) of the Code of Criminal Procedure, is directed against the judgment dated 12.08.2016, passed by learned Additional Chief Judicial Magistrate, Dehra, District Kangra, H.P., in Criminal case No.81-II/2011, whereby the respondent-accused (hereinafter referred to as the accused) has been acquitted of the notice of accusation put up against him under Sections 279, 337 and 338 of IPC.

2. Briefly stated facts as emerge from the record are that complainant namely, Yog Raj reported to the police that on 22.3.2011 he was going to his house at Jambal from Baddal Thore in Jarial bus bearing No.HP-55-5751 enroute from Nadaun to Dadasiba. He further reported that at about 7:15 P.M., when he reached at Chakki in Jambal, he saw that bus driver i.e. accused had struck his bus against a pedestrian, as a result of which, he fell down. He specifically reported that at the relevant time bus was being driven by the accused in rash and negligent manner. In complaint, he reported to the police that when he saw the pedestrian after alighting from the bus, he was with his elder brother Karnail Singh, who sustained