IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.Appeal No. 374 of 2002 Date of judgment: June 16, 2009 State of H.P. ..Appellant. Versus Madan Singh …Respondent. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Appellant : Mr. Ramesh Thakur, Asstt. Advocate General. For the Respondent : Mr. Anup Chitkara, Advocate Surjit Singh, J. (Oral) State has appealed against the judgment dated 26.2.2002 of trial Magistrate, whereby respondent Madan Singh, who was tried for offences, under Section 279, 337, 338 and 201 IPC and Section 182 of the Motor Vehicles Act, has been acquitted. Prosecution case, which led to the trial of the respondent, may be stated thus. On 4.6.2000, respondent was driving a Maruti Van bearing registration No.HP02-6262. He appeared at a place called Pucca Paroh, driving the aforesaid vehicle from Amb side. Two cyclists, named, Rachhpal Singh (PW1) and Surinder Whether reporters of the local papers may be allowed to see the judgment? - 2 - Kumar (PW2), were going ahead of him pedaling their separate cycles. Respondent allegedly hit cyclist Surinder Kumar from behind and dragged him to a distance of 10 – 12 feet and fled from the scene in his aforesaid Maruti Van. Rachhpal Singh (PW1), who was behind Surinder Kumar (PW1), saw the occurrence taking place. He rushed Surinder Kumar, to the hospital at Una and also lodged a report with the police. During the investigation, police came to know that the Van was being driven by the respondent. So he was challaned. Prosecution mainly relied upon the testimony of Rachhpal Singh (PW1) and Surinder Kumar (PW2), to prove the allegation that the vehicle was being driven by the respondent in a rash or negligent manner. Both of them have appeared in the witness- box. They did not know as to who was driving the van, in question. Rachhpal Singh (PW1) went on to admit in his cross- examination that it was quite likely that Surinder Kumar got hit, when turning to Kutcha road on his right hand side, which leads to his village, meaning thereby that Surinder Kumar (PW2), turned all of a sudden to cross the main road for approaching the link road leading to his village. Site plan Ex.PW7/A, shows that link road leading to the village of Surinder Kumar, is at the site of the accident. Rachhpal Singh (PW1), also stated in his cross- examination that a false case had been registered against the Van driver to seek compensation for the injuries sustained by Surinder Kumar in the accident. - 3 - In view of the above stated position, I do not think this to be a fit case for interfering with the judgment of acquittal. Consequently, the appeal is dismissed. June 16, 2009. (Surjit Singh ), J. s.