JUDGMENT Sureshwar Thakur, J. - The instant appeal stands directed, against, the verdict of acquittal, pronounced by the learned Additional Sessions Judge, Mandi, District Mandi, H.P. in Criminal Appeal No. 13 of 2005, whereunder he reversed the judgment of conviction, and, consequential imposition, of, sentence(s) upon the accused, as, recorded by the learned trial Court, vis-a-vis the offences charged. 2. Brief facts of the case are that on 13.5.1998, the Medical Officer, CHC, Ratti, telephonically informed the police at Police Station, Balh, Mandi, about the accident case whereupon Rapat Ext. PW-9/A was incorporated in the daily diary and ASI Sh. Balbir Singh, PW-9 alongwith Constable Diwan Chand, Constable Narpat Ram and Constable Amar Singh rushed to CHC, Ratti wherefrom the Investigating Officer PW-9 sent a ruqua Ext. PW-9/C to the Police Station alleging therein that on spot inspection, it was found that deceased Nihal Singh whose dead body was kept at CHC Ratti had died in an accident. It was found on spot that jeep bearing No. HP37-0787 which was on its way from Ner Chowk to Sundernagar, left its side and went in the wrong side for a distance of 30 feet and struck against Nihal Singh in Kachha portion of the road, as a result of which Nihal Singh sustained injuries on his person and died. The driver left the jeep on the spot and ran away and the front tyre of the jeep were in wrong direction towards "dhank". The accident had taken place due to rash and negligent driving of the driver of the jeep No. HP37-0787. On the basis of Ruqua Ext. PW-9/A, a formal FIR was registered against the accused. The post mortem of the body of the deceased was got conducted by the I.O. PW-9 at Zonal Hospital, Mandi. After post mortem, the Medical Officer PW-6 vide his report Ext. PW-6/A opined that the cause of death of deceased Nihal Singh was haemorrhage and shock resulting from head injury and intrathoracic injury. During investigation, the I.O. PW-9 prepared spot map Ext. PW-9/B and recorded the statements of witnesses. The offending jeep was taken into possession vide seizure memo Ext. PW-5/A. The I.O. PW-9 got mechanically examined the offending jeep and obtained mechanical report Ext. PW-3/A. The I.O. PW-9 also got photographs Ext. PW-4/A to Ext. PW-4/C of the offending jeep and of the spot clicked from PW-4 the negatives whereof are Ext. The offending jeep was taken into possession vide seizure memo Ext. PW-5/A. The I.O. PW-9 got mechanically examined the offending jeep and obtained mechanical report Ext. PW-3/A. The I.O. PW-9 also got photographs Ext. PW-4/A to Ext. PW-4/C of the offending jeep and of the spot clicked from PW-4 the negatives whereof are Ext. PW-4/D and Ext. PW-4/E. After completion of investigation, the challan against the accused was prepared and presented before the learned trial Court. 3. Notice of accusation stood put to the accused, by the learned trial Court qua his committing offences punishable under Section 279, and, under Section 304-A, of, the Indian Penal Code, to which he pleaded not guilty and claimed trial. 4. In order to prove its case, the prosecution examined 9 witnesses. On closure of prosecution evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure was recorded, wherein, he pleaded false implication. However, he did not choose to lead any evidence in defence. 5. On an appraisal of evidence on record, the learned trial Court returned findings of conviction qua the accused. However, in an appeal carried therefrom, by, the convict before the learned appellate Court, the latter Court reversed the findings of conviction, and, proceeded to acquit the accused. 6. The learned Additional Advocate General has concertedly and vigorously contended qua the findings of acquittal recorded by the learned appellate Court, standing not based, on a proper appreciation, by it, of the evidence on record, rather, theirs standing sequelled by gross misappreciation, by it, of material on record. Hence, he contends qua the findings of acquittal warranting reversal by this Court in the exercise of its appellate jurisdiction, and, theirs standing replaced by findings of conviction. 7. The learned counsel appearing, for the respondent/ accused, has with considerable force and vigor contended qua the findings of acquittal, recorded by the Court below standing based on a mature and balanced appreciation of evidence on record, and, theirs not necessitating interference, rather theirs meriting vindication. 8. This Court with the able assistance, of, the learned counsel on either side has with studied care and incision, hence evaluated the entire evidence on record. 9. Pw-1 and 2, are, respectively the daughter, and, the widow of deceased Nihal Singh. 8. This Court with the able assistance, of, the learned counsel on either side has with studied care and incision, hence evaluated the entire evidence on record. 9. Pw-1 and 2, are, respectively the daughter, and, the widow of deceased Nihal Singh. The aforesaid Nihal Singh, during the course of his attempting, to, at the relevant site, hence trudge across the road, was hence rather struck by the offending vehicle, driven by the accused. In sequel to his being struck by the offending vehicle, he, is revealed/unfolded by post mortem report, borne in Ext. PW-6/A, to hence suffer his demise, reasons'' whereof stand ascribed therein to arise, from, hemorrhage and shock resulting, from head and intrathoracic injuries. PW 1 and PW 2 being related to Nihal Singh, are hence interested witnesses, yet, per-se, thereupon their testifications'' cannot be construed to be bereft, of, vigor, (i) unless evident gross apparent embellishments and improvements, are, made by each in their respectively recorded testifications, vis--vis, their previously recorded statements'' in writing. However, in their respectively rendered testifications, both did not grossly contradict their respectively recorded previous statements in writing. Moreover, with another ocular witness to the occurrence, one Balbir Singh, PW-5 also rendering, a, deposition qua the occurrence, without, any gross embellishments and improvements, vis--vis, his previously recorded statement in writing, besides his deposition holding utmost concurrence, vis--vis, the testifications rendered by PW 1 and PW 2, (ii) thereupon the depositions'' of all the aforestated ocular witness rather carry solemn credibility. 10. Be that as it may, this Court is also enjoined, to discover from the evidence on record, qua the defence hence succeeding, in, establishing the factum of the accused, while driving the offending vehicle, his being, at the relevant site, hence precluded from sighting, the, deceased Nihal Singh, (i) given the arrival, of the latter, at the relevant site of occurrence, being abrupt, despite when both PW 1, and, PW 2 in their respectively recorded testifications, comprised in their respective cross-examinations'', rather depose qua deceased Nihal Singh, hence, walking 4-5 feet behind both of them. In making, an, endeavor to look for evidence qua, the, emergence of the deceased, at, the site of occurrence hence being abrupt, (ii) and thereupon the accused being precluded from sighting him, it is imperative to allude to the apposite therewith suggestions, meted to both PW1 and PW2, and, further to PW-5. In making, an, endeavor to look for evidence qua, the, emergence of the deceased, at, the site of occurrence hence being abrupt, (ii) and thereupon the accused being precluded from sighting him, it is imperative to allude to the apposite therewith suggestions, meted to both PW1 and PW2, and, further to PW-5. However both PW 1, and, PW 2 meted dis-affirmative answers, to the aforestated suggestions, yet, PW-5 in contradiction thereof rather in his cross-examination, makes, articulations qua at the relevant site of occurrence, hence workshops existing, and, vehicles being stationed at the workshops, for theirs being subjected to repair(s). However, in the later part of the apt deposition, borne in his crossexamination, he has denied the suggestion, of, a truck being stationed at the relevant site, rather he has deposed qua a scooter being stationed at the relevant site. 11. The learned Additional Advocate General, on anvil, thereof, hence makes submissions, qua therefrom, it being aptly concludable, qua, it being possible for the accused, to, hence sight the appearance of the deceased, at the relevant site, (i) and, hence concomitantly, it, cannot be concluded qua the emergence of the deceased, at relevant site, being abrupt nor it can be concluded qua the accused in driving the vehicle, hence meteing adherence, with, the norms of due care and caution. However the strength of the aforestated submission, is, emaciated given, (a) PW-7, in his cross examination in contradiction therewith, rather, rendering an echoing qua in vicinity of the relevant site, a, truck being stationed, and, from its rear, the deceased Nihal Singh hence making his sudden appearance, at the relevant site wherefrom it is aptly concludable qua the accused, rather proving qua in his driving the offending vehicle, his, hence meteing adherence with the standards of due care and caution, (b) significantly also when the aforestated factum, deposed by PW-7 in his crossexamination remained not concerted to, to be repulsed by the learned APP, comprised in the latter, hence, seeking permission of the Court, to declare him hostile, and, permit him to cross-examine, PW-5, vis--vis, the aforestated echoings made by him, in his cross-examination, as conducted by the learned defence counsel, (c ) thereupon this Court, is, constrained to conclude qua the prosecution hence accepting, the, echoings made, by PW-7 in his cross examination. Even though, the learned Additional Advocate General further contends with vigor, that the aforestated deposition, as, rendered by PW-7, is belied by the reflections, borne in the site plan, and, by the photographs, as, existing on record. However, the aforesaid submission addressed before this Court, is, rendered bereft of its strength, given, the preparation, and, clicking of photographs, occurring, a, day subsequent to the occurrence, and, also the preparation of the site plan rather also occurring, a, day subsequent to the occurrence. 12. A wholesome analysis of evidence on record portrays qua the appreciation of evidence as done by the learned appellate Court, not, suffering from any perversity and absurdity nor it can be said qua the learned appellate Court in recording findings of acquittal hence committing any legal misdemeanor, in as much, as, its mis-appreciating the evidence on record or its omitting to appreciate relevant and admissible evidence. In aftermath this Court does not deem it fit and appropriate qua the findings of acquittal recorded by the learned appellate Court hence meriting any interference. 13. In view of the above discussion, I find no merit in this appeal, which is accordingly dismissed and the judgment of the learned appellate Court is maintained and affirmed. Record of the learned trial Court be sent back forthwith.