IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.A No.713 of 2001 Date of decision : October 17, 2008 State of H.P. …Appellant. Versus Nanak Chand …Respondent. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Appellant : Mr. P.M. Negi, Deputy Advocate General. For the Respondent : Mr. T.C. Sharma, Advocate. Surjit Singh, Judge( Oral ) State has appealed against the judgment of Chief Judicial Magistrate, Una, whereby respondent Nanak Chand, who was tried for offences, under Sections 279 and 304-A of the Indian Penal Code, has been acquitted. 2. Case was registered against the respondent, vide FIR Ex, PW-7/B, per which, on 5th October, 1995, a collision of truck No.HP-20-1206, which was being driven by the respondent, and Mohindra Jeep No.HIU-4105 had taken place near Fire Brigade Office, Rakkar Colony, Una, and as a result of that collision, Rakesh Kumar, driver of the jeep, and one more occupant of the jeep, named Daman Kumar, died. 3. Police investigated the case. During investigation, it was found that two persons, named Mohan Lal (PW-2) and Satish Kumar (PW-3), were travelling by the truck. Their Whether reporters of the local papers may be allowed to see the judgment? …2… statements were recorded, under Section 161 of the Code of Criminal Procedure. Dead bodies were taken to the hospital for postmortem examination. Doctors, who conducted the postmortem examination, namely PW-5 Dr. V.S. Minhas and PW-6 Dr. (Mrs) P.L. Nanda, gave the opinion that the cause of death was injuries sustained in the accident. 4. Prosecution examined Mohan Lal and Satish Kumar, PW-2 and PW-3, respectively, to prove the charge. Both of them turned hostile. They denied that they were travelling by the truck, at the relevant time, or that otherwise also saw the accident taking place. Prosecution did not lead any other evidence to prove that the accident took place due to rash or negligent driving of the truck by the respondent. Under these circumstances, I see no ground for interfering with the judgment of acquittal passed by the trial Court. Therefore, the appeal is dismissed. Appeal stands disposed of. October 17, 2008(sd) ( Surjit Singh ), J