JUDGMENT

Sureshwar Thakur, J. - The instant appeal stands directed, against, the verdict rendered by the learned Judicial Magistrate, 1st Class, Arki, Tehsil Arki, District Solan, H.P. in criminal case No.3/2 of 2005, whereunder, he returned findings of acquittal, upon, the accused in respect of charges framed, under, Section 279, and, under Section 304-A, of, the Indian Penal Code, and, under, Section 181 and besides, under Section 177 of the Motor Vehicles Act.

2. Briefly stated the case of the prosecution is that on 20.10.2004, accused person was driving a truck bearing No.HP-64-0939 on a public way from Bilaspur to Shimla. The accused person was driving the truck in rash and negligent manner, so as to endanger human life and personal safety of others and when the accused, while driving the offending truck, reached near Bhararighat at about 3 p.m., he hit his truck with motorcycle, bearing No. HP-24A2239. The accused person was driving the truck on wrong side and in rash and negligent manner. Due to rash and negligent driving of the accused, injuries were caused to one Abhishek and one Rashinder, who thereafter succumbed to their injuries and died. The accused person was driving