IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Criminal Appeal No. 281 of 2001. Judgment Reserved on: July 8, 2008. Decided on: July 21, 2008. __________________________________________________ State of Himachal Pradesh. … Appellant. Versus Chotu Ram … Respondent. ________________________________________________________ Coram: Hon’bl Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. For the appellant : Mr. Rajinder Dogra, Addl. A.G. For the Respondent : Mr. Vikram Thakur, Advocate. ___________________________________________________________ Rajiv Sharma, Judge. The respondent was prosecuted in criminal case No. 179/2 of 1996 under Sections 279 and 337 of the Indian Penal Code in F.I.R. No. 160/1996 in the Court of Judicial Magistrate Ist Class (2), Shimla and was acquitted on 16.12.2000. The brief facts necessary for the adjudication of this appeal are that on 12.8.1996, the complainant Madan Lal Verma (PW-2) was on his way towards Theog from Shimla in his Maruti Car No. HP 09-0297 carrying with him two ladies, namely; Fulli Devi and Mansi Devi alias Meera Devi and when they reached near Kufri at about 9.30 a.m. accused person came from Theog on the wrong side driving the truck in a rash and negligent manner and collided with the Maruti car. The car was damaged 1 Whether reporters of the local papers may be allowed to see the judgment?No. 2 and Smt. Mansi Devi alias Meera Devi received injuries. The police was informed by the complainant. FIR Ext. PW-9/A was registered against the accused person. Investigation was carried out by the Investigating Officer, who prepared the site map Ext. PW-10/A. The Investigating Officer took in possession both the vehicles through memos Ext. PW-3/A and Ext. PW- 3/B and released the same on Sapurdari through memos Ext.PW-7/A and Ext. PW-7/B (Ext. PW-2/B). He got the vehicles mechanically examined and Ext.PW-6/A is the report. Smt. Mera Devi was medically examined and M.L.C. is Ext. PW-4/A. The Investigating Officer also got prepared the photographs and negatives of the spot vide Ext. PW-1/A to Ext. PW- 1/E and Ext.PW-1/F to Ext.PW-1/J. The matter was investigated and the challan was put up. The prosecution has examined as many as ten witnesses to prove its case. The statement of accused was recorded under Section 313 of the Code of Criminal Procedure. The trial Court acquitted the accused on 16.12.2000. The learned Additional Advocate General has strenuously argued that the prosecution has proved its case and the judgment dated 16.12.2000 is not sustainable in the eyes of law. Mr. Vikram Singh, learned counsel for the accused has supported the judgment dated 16.12.2000. I have heard the parties and have perused the record carefully. The accident has taken place on 12.8.1996. The car was being driven by the complainant (PW-2). He has stated that the accident was caused due to excessive speed and negligence of the accused. He has admitted in his examination-in-chief that Smt. Mansi Devi alias Meera Devi (PW-5) and Smt. Fulli Devi were also sitting in the car. The prosecution had examined only Smt. Meera Devi as PW-5 but has not 3 examined another occupant of the car, Smt. Fulli Devi. He has also admitted that it was raining at the time of accident. PW-5 has stated that the truck had appeared suddenly and had struck against the car resulting in injuries to her. She has stated that the truck was coming at excessive speed. She has further deposed that the accident has taken place due to negligence of the Driver. PW-3 has deposed that he was witness to memos Ext. PW-3/A and Ext. PW-3/B. He has admitted that he has not seen the accident. PW-4, Dr. B.S. Negi has issued the M.L.C., Ext. PW- 4/A. PW-6, Kewal Singh has examined the vehicles mechanically. PW-7, Tara Chand is the witness to memos Ext. PW-7/A and Ext. PW-7/B through which the vehicles were released on Sapurdari. PW-8, Narayan Singh is witness to Sapurdari memo Ext. PW-7/A and Ext.PW-7/B. PW-9, Gurdayal Singh has registered the case vide F.I.R. Ext. PW-9/A. PW-10 Shri Madan Lal is the Investigating Officer. He has deposed that he prepared the spot map Ext. PW-10/A. Both the vehicles were taken into possession vide memos Ext. PW-3/A and Ext. PW-3/B. He got the vehicles mechanically examined and the report is Ext. PW-6/A. He also received M.L.C. Ext. PW-4/A and got the photographs and negatives prepared. He has further deposed that he arrested the accused person and released him on bail. According to him, the accident has taken place due to rash and negligent driving of the accused. He has recorded the statements of witnesses Raj Partap, Prem Chand and Fulli Devi Ext. PW- 10/B, Ext. PW-10/C and Ext.PW-10/D along with statements of other witnesses. PW-2 Shri Madan Lal and PW-5 Smt. Meera Devi have failed to explain the manner of rash and negligent driving on the part of the accused person. Photographs and negatives of the spot Ext. PW-1/A to Ext. PW-1/E and Ext. PW-1/F to Ext. PW-1/J do not indicate the manner in 4 which the accident might have taken place. The Investigating Officer has also recorded the statement of one Madan Lal. Statement of Smt. Fulli Devi was also recorded by the Investigating Officer. The two persons, who were the other occupants of the car, have neither been cited nor examined by the prosecution. The names of these persons were annexed with the copy of the challan. These two persons were the material witnesses to establish the manner in which the accident had taken place. The learned trial Court after correctly appreciating the evidence on record has acquitted the accused. Consequently, there is no merit in this appeal. Hence, the same is dismissed. Bail/surety bonds are discharged. (Rajiv Sharma), J. July 21, 2008. (cr)