The appellate court must uphold acquittals unless the trial court's findings are perverse or unsustainable, respecting the presumption of innocence.

JUDGMENT :

Virender Singh, J.

1. By virtue of the present appeal, filed under Section 378 of the Code of Criminal Procedure (hereinafter referred to as the ‘CrPC’), the State of Himachal Pradesh has assailed the judgment of acquittal dated 09.03.2010, passed by the Court of learned Judicial Magistrate 1st Class, Court No.I, Amb, District Una, H.P. (hereinafter referred to as ‘trial Court’).

2. By way of the judgment of acquittal, dated 09.03.2010, the learned trial Court has acquitted respondent-Ashwani Kumar (hereinafter referred to as the ‘accused’), in Police Challan No.72-II-2005, from the charges, framed against him, under Sections 279, 337 and 304A of the Indian Penal Code (hereinafter referred to as the ‘IPC’).

3. Brief facts, leading to the filing of the present appeal, before this Court, as per the record, may be summed up, as under.

4. The police of Police Station, Amb has filed the final report, under Section 173(2) of CrPC, against the accused, before the learned trial Court, mentioning therein that on 14.01.2005, a telephonic information was received in the Police Station, upon which, ASI Ashok Kumar, along with other police officials, had reached at the spot, from where, he came to know about the fact that two injured were rushed to CHC, Gagret for treatment.

5. Subsequently, police party reached CHC, Gagret and moved application, before the Medical Officer, for recording the statement of one injured Rajesh Kumar, upon which, the Medical Officer declared injured Rajesh Kumar unfit to make statement.

6. Thereafter, ASI Surinder Kumar had recorded the statement of one Varun Awasthi, under Section 154 of CrPC, disclosing therein that he is pursuing his Engineering degree and his father is working as ETO on Gagret Barrier.

7. According to the statement of the said Varun Awasthi, before the police, on 14.01.2005, he was on his way back to his home and de-boarded the bus at Mubarikpur. Thereafter, he boarded Maruti Van bearing registration No.HP20-B-2810 and proceeded towards Gagret. The said Maruti Van was driven by one Rajesh Kumar. When, the said Maruti Van, being driven by said Rajesh Kumar, reached about one kilometer ahead of Mubarikpur, then, one Indica car, bearing registration No.HP-19A-8000, being driven by its driver in the wrong direction, came there and hit the said Maruti Van. Rajesh Kumar had applied the brakes, but, the accident could not be avoided and vehicles collided. Due to the impact of collision, the legs of the driver of the Maruti Van pressed in the Van. Number of persons gathered there, who had taken out the said injured from the vehicle.

8. In the said accident, Varun Awasthi had also sustained injuries. According to him, the accident in question had taken place because of the driver of Indica car, whose name, he has disclosed as Ashwani Kumar, as, he had driven his vehicle in a rash and negligent manner. Thereafter, the police registered the case under Sections 279 and 337 of IPC.

9. When, the Investigating Officer of the case was busy in investigation, in the meanwhile, he had received the information that injured Rajesh Kumar expired, while he was being taken to hospital at Hoshiarpur for treatment, upon which, a request for conducting the post- mortem examination of the dead body of Rajesh Kumar was made and accordingly, Section 304A of IPC was added, in this case.

10. After completion of the investigation, the police has submitted the report against the accused, under Sections 279, 337 and 304A of IPC.

11. After complying with the provisi