Research › Search › Judgment

Himachal Pradesh High Court · body

2009 DIGILAW 1032 (HP)

STATE OF H. P. v. BABU RAM

2009-11-11

KULDIP SINGH

body2009
JUDGMENT Kuldip Singh, J.(Oral)-This is petition for seeking leave to file appeal against the judgment dated 14.7.2009 passed by learned Chief Judicial Magistrate, Solan in Criminal Appeal No. 180/2 of 2004, acquitting the respondent for offence punishable under Sections 279, 337 and 338. 2. 2. The prosecution case is that the accused was driving truck No.HP-09-0581 and he hit the truck No.HP-14-3819 from back side due to his rash and negligent driving. The truck No.HP-143819 was being driven by complainant Kirpa Ram who has not been examined by the prosecution. The other PW-1 Krishan Lal who claimed to be eye witness came on the spot after the accident. PW-7 Vijay Kumar injured was travelling in truck No. HP-09-0581, has also not supported the prosecution. Mr. Anshul Bansal, learned Addl. Advocate General has read the statement of PW-7 in the Court and from his statement also it is clear that the accident was caused due to the negligence of other truck. The learned Chief Judicial Magistrate has rightly appreciated the material on record. No case is made out for grant of leave. 3. Accordingly leave refused. Petition dismissed.