JUDGMENT :

The present appeal has been maintained by the appellant/State of Himachal Pradesh, laying challenge to judgment dated 31.01.2008, passed by learned Judicial Magistrate 1st Class (4) Shimla, District Shimla, H.P., in Criminal Case No. 30/2 of 2005/04, whereby the respondent/accused (hereinafter referred to as “the accused”) was acquitted for the offences punishable under Sections 279, 337 and 304-A of the Indian Penal Code (hereinafter referred to as “IPC”).

2. Briefly stated the facts giving rise to the present case are that on 01.09.2004, HC Jaswant Singh alongwith HC Baldev Singh went to lift, Shimla, where one accident was reported and recorded the statement of the complainant. The complainant in his statement has stated that he is posted in traffic staff and his duty is at lift point. On 01.09.2004 at about 10:45 A.M., he was near police Gumti at lift, Shimla in connection with his personal work, where one HRTC bus bearing sign board “Khatnol-Shimla” had stopped and passengers started deboarding the bus. The driver had parked the bus on one side. When driver started the bus, one person aged about 35-40 years, had come under the rear tyre of the bus and when he went clo