1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr MP(M) No.1252 of 2004 Decided on: 1.12.2008 _________________________________________________ State of H P Applicant Versus Lalit Kumar Respondent ___________________________________________________ Coram The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting? No. For the applicant: Mr. J. S. Guleria, Law Officer. For the respondent: ___________________________________________________ Suridner Singh, J. (Oral) Heard. I have gone through the judgment of acquittal, passed by the learned trial court in Police Challan No.06-II/05 under sections 279. 337, 338 IPC read with Section 187 of the Motor Vehicles Act. Precisely, the case of the prosecution against the respondent has been that on 18.11.2001 at abut 3.15 p.m. at the place known as “Kheel Bhatehar” the complainant Shami Ram was climbing on a Paza tree and pulling the cable on the busy Highway to give connection to some persons in the locality. Respondent came, driving bus No. HP-29-1113 from the side of Jogindernagar. He could not see the hanging wires and it got entangled with the roof top of the bus, which trapped the finger of the complainant, causing injuries. _____________________________________________________ Whether reporters of the Local Papers may be allowed to see the judgment?yes 2 The complainant had not taken any precaution at the time of the alleged work on a busy public highway, by putting any sign of caution to the drivers who could have known about the ‘men at work’. In the circumstances, it cannot be said that the complainant was rash and negligent in driving the vehicle in question, however, it was the negligence of the complainant to invite the trouble for himself while working on a public highway without any care and caution. Thus, I do not find anything worth interference in the impugned judgment of acquittal. Therefore, leave to appeal is refused. December 1,2008 (Surinder Singh),J. (D)