Serial No. 70

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Reserved on 12.07.2022

Pronounced .01.9.2022

CRAA No. 59/2010

State of J&K

…Applicant(s)/Petitioner(s)

Through:-

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Mr. Amit Gupta, AAG

v/s

Chuni Lal

…Respondent(s)

Through:-

Mr. G. S. Thakur, Advocate

Coram: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

ORDER

1.

This appeal has been filed against the judgment dated 24.12.2009

passed by the learned Judicial Magistrate 1^st Class Akhnoor (for brevity

8trial Court9), whereby accused-respondent herein who was facing trial for

offence punishable under Sections 279/304-A RPC, has been acquitted

holding that prosecution has failed to prove the charge beyond the

reasonable doubt.

2.

The impugned judgment dated 24.12.2009 has been challenged

precisely on the ground that the trial Court has not properly appreciated the

evidence and has also wrongly interpreted the law while acquitting the

accused-respondent herein. It is stated that there was sufficient evidence to

prove the charges against the accused.

3.

Briefly stating the facts of the case are that on 11.08.1999 at

13:45 hours, the Police received information regarding an accident, in which

Motor-Cyclist, Raghubir Singh suffered injuries, and because of such

injuries he died on spot. As per the information which was received by the

2 CRAA 59/2010

police, Truck bearing No. No.7605-JK02F was being driven by an unknown

driver which was coming from the side of Jourian, Jammu in a rashly and

negligent manner as a result of which, it met with an accident at Bhomal by

hitting a Motor-Cycle and due to the said accident the motorcyclist, namely,

Raghubir Singh suffered fatal injuries and died on spot. The driver of the

offending vehicle is stated to have fled away from the spot after accident. On

the basis of such report an FIR No. 143/1999 was registered with the Police

Station, Akhnoor, investigation was conducted and on conclusion of the

investigation, the investigating officer found offences punishable under

Section 279/337 RPC proved against the accused-respondent herein and

presented the challan before the Court.

4.

The charge was framed against the accused by the trial Court,

wherein prosecution listed 14 witnesses in the challan to prove the charges

against the accused-respondent herein. The accused-respondent herein

pleaded not guilty and opted for trial.

5.

The statements of the prosecution witnesses, namely, Bachan

Singh, Jarnail Singh, Rashpal Singh, Shamsher Singh, Shah Mohammad,

Sardar Ranjit Singh, Mohinder Singh, Arjun Singh S.I, Doctor Raman

Bhagat and Madan Gopal reads as under:-

PW Bachan Singh has stated that the accused is not known to

him, and he has knowledge of only one thing that on the day of occurrence

he was going towards Badyala Chack when the Police asked him to

subscribed his/signatures on the Seizure-Memo of vehicle.

PW Jarnail Singh has stated that accused person is known to

him. The occurrence took-place about two years back when he was coming

3 CRAA 59/2010

from Sama Chak along with a buffalo and going towards Khour. The

occurrence took place in the evening. He further stated that due to his

illiteracy he does not know the registration number of the truck and the truck

was being driven by accused Chuni Lai. At the time of accident due to fear

the buffalo trespassed into a Bajara field and he chased the buffalo and in the

meanwhile the truck dr