JUDGMENT :

SURINDER SINGH, J.

1. Heard and gone through the record.

2. The State has assailed the judgment of acquittal, recorded by the learned trial court on 31.5.2001 in Criminal Case No. RBT No. 119- II/2K/99, registered under sections 279, 337 IPC read with Section 187 of the Motor Vehicles Act.

3. In short, the prosecution case is that on 27.3.1999 Ankit Sharma complainant along with his brother Ankur Sharma were going on foot near Octroi Post, Education Board, Dharamshala on the left side of the road. When a person, who was learning the scooter, with a pillion rider came from the side of Court in a rash and negligent manner, struck against Ankit Sharma and caused simple injuries, thereafter, the scooterist fled away from the spot. Statement (Ex.PW2/A) of Ankit Sharma under section 154 of the Code of Criminal Procedure was recorded, on the basis of which formal FIR Ex.5/A was recorded. Police visited the spot and prepared the site plan Ex.PW5/B. After about 25 days i.e. 21.4.1999, after tracing its owner, the scooter along with its documents were taken into possession by the police vide memo Ex.PW1/A The incident was alleged to have taken place on account of rash and negligent ac