IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.A No.568 of 2002 Date of decision : June 15, 2009 State of H.P. …Appellant. Versus Hardyal Singh …Respondent. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Appellant : Mr. Ramesh Thakur, Assistant Advocate General. For the Respondent : Ms Anita Dogra, Advocate, vice Mr. Ramakant Sharma, Advocate. Surjit Singh, J (Oral) State has appealed against the judgment, dated 27th April, 2002, of learned Judicial Magistrate, whereby respondent Hardyal Singh, who was charged with and tried for offences, punishable under Sections 279, 337, 338 & 304-A of the Indian Penal Code, has been acquitted. 2. Prosecution case, as per evidence on record, is like this. Respondent Hardyal Singh was engaged as driver on Truck No.HP-12-3383. On 17th May, 1997, there were four labourers on board the Truck. Around 7.30 p.m., when it reached near village Baila, it hit a stone and then jumped over that stone and went off the road. One of the labourers, on board the Truck, died and four others sustained injuries. Matter was reported to the police. On completion of investigation, respondent was challaned. 3. Police got the Truck mechanically examined, during the course of investigation. Mechanic Manjeet Singh (PW-12) Whether reporters of the local papers may be allowed to see the judgment? …2… made a statement in the Court that the cause of accident was failure of brake system, owing to breaking of brake pipe. Relying upon the statement of this mechanical expert, learned trial Court acquitted the respondent. 4. I have heard the learned counsel for the parties and gone through the record. 5. PW-12 Manjeet Singh very categorically stated that the brake pipe had broken, before the occurrence of the accident, because he noticed spillage of brake oil away from the stone, which the Truck hit. In view of the statement of the mechanical expert, no fault is found with the view taken by the trial Magistrate that the cause of the accident was failure of brake system of the Truck, in question. Consequently, the appeal is dismissed. June 15, 2009(sd) ( Surjit Singh ), J