1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Criminal Appeal No.178 of 2003 Date of Decision: 7th April, 2010 State of Himachal Pradesh Appellant Versus Raj Kumari and another Respondents Coram The Hon’ble Mr. Justice Sanjay Karol,J. Whether approved for reporting1? No. For the appellant: Mr.Vivek Singh Thakur, Addl. Advocate General. For the respondent: Mr. Varinder Kumar Verma, Advocate. Sanjay Karol, J. (Oral) The present appeal has been filed by the State against the judgment of acquittal dated 12.12.2002 passed by Judicial Magistrate, Ist Class (I), Dharamshala, H.P. in Cri. Case No.95-II/02, titled as State of H.P. vs. Arun Kumar. As per the case of the prosecution on 31.5.2002 truck bearing No. HP-11-5330 was being driven by accused Arun Kumar. Shri Pardeep Kumar was hit by the truck as a result of which he died. The statement of Shri Surinder Singh was recorded under Section 154, Cr.P.C (Ext.PW-1/A), on the basis of which FIR (Ext.PW-9/A) dated 31.5.2002 under Sections 279, 304-A, IPC was registered with Police Station Dharamshala. HC Surjit Singh (PW-10) carried Whether the reporters of Local Papers are allowed to see the Judgment? 2 out the investigation and post-mortem of the deceased was carried out by Dr.D.P.Swami (PW-7), who gave his report (Ext.PW-7/A). With the completion of investigation, the challan was filed in the Court for trial and notice of accusation for an offence punishable under Section 279, 304-A, IPC and 187 of Motor Vehicles Act was put to the accused, to which he did not plead guilty and claimed trial. In all prosecution examined 11 witnesses and after appreciation of material proved on record, the Court below acquitted the accused of the charged offence. Statement of the accused under Section 313, Cr.P.C. was also recorded. The fact that Shri Pardeep Kumar died is not in dispute. The question, however, is as to whether he died due to the rash and negligent driving on the part of the accused and also whether the vehicle in question was involved in the accident at all or not. The accident is alleged to have been witnessed only by Shri Tenzim Nima Negi (PW-2). This witness has not supported the prosecution at all. Inspite of being cross-examined by the Public Prosecutor nothing could be brought out in his statement which would prove the guilt of the accused. Statement of PW-1, who lodged the complaint also does not support the prosecution as he has not witnessed the occurrence of the accident at all. Neither did he see the deceased being hit by the 3 truck in question nor did he notice the truck in movement either before or after the occurrence of the alleged incident. He had noticed the truck parked in a stationary manner before the occurrence of the accident and that too in the early hours of the morning. Prem Parkash (PW-6) undisputedly has deposed in the Court that he had witnessed the occurrence of accident, but, however, this version of his stands falsified by his subsequent version in the cross- examination wherein he has admitted not to have disclosed to the police while getting his earlier statement recorded that he was present at the time of occurrence of the alleged accident. He was also confronted with the same. This witness appears to have introduced by the prosecution only to create a false evidence. His statement does not inspire confidence. According to him, he had informed the father of the deceased Shri Sarwan Kumar (PW-3) about the accident, which fact is not corroborated by PW-3. The Court below has rightly held that there serious infirmities, improvements and contradictions and missing gaps in the prosecution story, rendering the prosecution case to be extremely doubtful. In the absence of any cogent, clear, convincing and reliable material, it cannot be held that the prosecution has been able to prove the guilt of the accused for the charged offence, beyond reasonable 4 doubt. Hence, no ground for interference is made out and the appeal is accordingly dismissed. Bail bonds, if any, furnished by the accused are discharged. 7th April, 2010 (Sanjay Karol) (C) Judge.