IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. Appeal No.: 183 of 2001. Reserved on: 04.01.2008. Decided on: 10.01.2008. State of Himachal Pradesh. … … Appellant. Versus Gurbakash Singh & Another. … … Accused/Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the Appellant: Mr. M.A. Khan and Ms. Meenakshi Sharma, Deputy Advocate Generals. For the Accused/Respondent No.1: Mr. Y.P.S. Dhaulta, Advocate. Rajiv Sharma, Judge: The respondents were prosecuted under Sections 279/304-A I.P.C. in Criminal case No.64/2 of 1997 in the Court of Sub-Divisional Judicial Magistrate, Nalagarh and were acquitted on 5.10.2000. The case of the prosecution is that one Shri Dasai Ram who was sitting on the roof of the bus came into contact with electric wires and fell down from the bus. He was taken to the hospital where he was declared dead. Consequently, the matter was reported to the police vide application Ex.P-1 on the basis of which F.I.R. Ex.P-9 was registered in police station. The matter was investigated and the challan was put up against the accused-respondents. Whether reporters of local papers may be allowed to see the judgment? No. - 2 - The prosecution in order to prove its case had examined as many as 12 witnesses. The accused were examined under Section 313 Cr.P.C. The trial Court acquitted the respondents on 5.10.2000, hence this appeal. The learned Deputy Advocate Generals had strenuously argued that the prosecution has proved the case against the respondents. Mr. Y.P.S. Dhaulta had supported the judgment dated 5.10.2000. I have heard the learned counsel for the parties and perused the record carefully. There are material discrepancies with regard to the author of the application Ex.P-1 on the basis of which the F.I.R. was registered. PW-2 Brahama Ram had stated that the application was written by Lala Nand and was typed by the S.H.O. PW-4 Daroga Ram had stated that Ex.P-1 was written by the S.H.O. and the bus number was not known to him. Shiv Nath, PW-8 had stated that the application was written in Nalagarh, but he did not know the name of the person and the bus number was also not known to him. Similarly, PW-10 Shiv Nath was not aware who wrote the application and who gave it to the police. PW-12 A.S.I. Nand Lal had stated that Ex.P-1 was typed in the police station. It is thus evident that no cogent evidence has been led by the prosecution who wrote Ex.P-1. None of the witnesses has disclosed that bus bearing No.HP-14-3543 was involved in the accident. PW-2, PW-4 and PW-8 have not even stated that the bus was owned by H.R.T.C. However, PW-10, Shiv Nath is the only witness who has stated that the bus belonged to H.R.T.C. There is no evidence on record to link that bus No.HP-14-3543 was involved in the alleged accident resulting in death of Shri Dasai Ram. Thus, the prosecution has failed to prove the case against the - 3 - accused-respondents. The trial Court has rightly acquitted the respondents after correctly appreciating the evidence. Consequently, the appeal fails and the same is accordingly dismissed. The bail bonds furnished by the accused-respondents are hereby discharged. January 10, 2008. (Rajiv Sharma), (sck) Judge.