Sandeep Sharma, J.

Being aggrieved and dissatisfied with the judgment of acquittal dated 21.9.2017, recorded by the learned Judicial Magistrate 1st Class, Court No. 4 Shimla, Himachal Pradesh, in Criminal Case No. 128-2 of 15/14, whereby respondent accused (hereinafter ‘accused’) came to be acquitted of the notice of accusation put to him for having committed offences punishable under Section 279 IPC, appellant-State has approached this Court by way of instant appeal, seeking therein conviction of accused for having committed aforesaid offence, after setting aside the judgment of acquittal.

2. Necessary facts as emerge from the record for the proper adjudication of the case are that the complainant namely Suraj Kumar (PW-1) vide his statement i.e. exhibit PW-14/A recorded under Section 154 CrPC, alleged that on 8.2.2014, at about 2 pm, near Government Degree College, Sanjauli, IGMC road, accused was driving Maruti Car bearing registration No. PB-02G-0829 in a rash and negligent manner, as a result of which he lost control over the vehicle and ultimately dashed his vehicle with HRTC taxi bearing registration No. HP-02A-0736, causing damage to the same. Complainant further al