JUDGMENT :

Dharam Chand Chaudhary, J.

State of Himachal Pradesh aggrieved by the judgment dated 18.5.2007 passed by learned Additional Chief Judicial magistrate, Hamirpur, District Hamirpur in Police challan No. 194-I-98/195-II-98 has preferred the present appeal. The complaint is that learned trial Court has misread, misconstrued and misappreciated the evidence available on record and erroneously acquitted the respondent (hereinafter referred to as the 'accused’) of the accusation put to him under Sections 279 and 337 of the Indian penal Code.

2. Accident of HRTC Bus No. HP-20-0676 and a private bus bearing registration No. HP-22-5785 had taken place at Chabuttra on Sujanpur-Hamirpur road on 15.8.1998 at 5:30 P.M. While the HRTC bus was enroute Palampur to Haridwar and on its way of Hamirpur from Sujanpur, the private bus was on its way from Hamirpur to Sujanpur. The record reveals that another private bus “Sheetla Bus Service” also plies from Palampur to Hamirpur simultaneously behind Palampur-Haridwar HRTC bus. The evidence as has come on record by way of the testimony of PW11 Om Parkash the driver of HRTC bus and PW5/1 Gorakh Ram reveal that on the fateful day also both i.e. HRTC