IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. MP(M) No.903 of 2008. Dated of Decision: October 15, 2008. State of H.P. …..… Petitioner. Versus Nika Ram. ……. Respondent. Coram The Hon’ble Mr. Justice Surinder Singh, Judge. Whether approved for reporting? No. For the Petitioner : Mr. J.S. Guleria, Law Officer. For the Respondent : None Surinder Singh, J (oral): The respondent was tried and acquitted for the offence punishable under Section 279 and 304-A of the Indian Penal Code for causing the death of Anil Kumar, on account of his rash and negligent driving. The record of the learned trial court was requisitioned. Heard. According to the prosecution case, the respondent was driving the truck No. HP-34A-1265, rashly and negligently and crushed the school boy who was accompanied by his brother PW6 Balbir Singh. Whether reporters of local papers may be allowed to see the judgment? Yes. 2 PW6 aforesaid has stated in his cross-examination that he did not see nor know who was driving the truck at the time of alleged accident, but he heard from some people that driver was Nika Ram. PW3 Rakesh Kumar the son of the owner of the truck though stated that Nika Ram was employed as the driver of the truck, but in his cross-examination, he has stated that he also did not know as to who was driving the truck when the accident took place. The prosecution has failed to establish the identity of the accused-respondent, therefore, the learned trial court has rightly acquitted the respondent, therefore, leave to appeal in the instant case is refused and the application stands dismissed. October 15, 2008. (Surinder Singh) (Pds) Judge.