Chander Bhusan Barowalia, J.

1. The present appeal, under Section 378 of the Code of Criminal Procedure, has been maintained by the appellant-State of Himachal Pradesh, assailing the judgment of acquittal, dated 20.08.2008, passed by the learned Judicial Magistrate 1st Class (II), Dharamshala, District Kangra, H.P, in criminal case No. 83-1I/2005, under Sections 279, 337 and 338 of the Indian Penal Code and Section 187 of Motor Vehicles Act.

2. Briefly the facts giving rise to the present appeal as per the prosecution story are that on 28.08.2005, at about 07:30 p.m., Rahul Katoch/complainant (hereinafter to be called as “the complainant”) was going home, in the meantime, a private bus came there and the conductor side of the bus hit the complainant from back side, due to which he sustained injuries on his left leg and on the fingers of his left hand. As per the prosecution case, the accident took place due to rash and negligent driving by the driver of the bus and further instead of stopping the bus there, the driver of the bus fled away from the spot. However, the complainant managed to note down the name of the bus to be ‘Naresh Coach’. After the said accident, the compl