H T GANGAL Vs. NARAYAN

JUDGEMENT

(1.) On 17-4-1969, which was a Thursday, at about 3.20 P.M., there was a collision between Car MYZ 1775 belonging to Dr. H. T. Gangol, and driven by him, and the MSRTC. Bus bearing No.MYF 4920, driven by N.P.Habib, on the Lamington Road, opposite to the Head Post Office, Hubli, in which collision both the vehicles sustained some damage.

(2.) Dr. Gangol immediately gave a complaint (Ex.P-1) to the Sub-Inspector of Police, Traffic Branch, Hubli, viz., PW.8N. Damodar, alleging rashness and negligence on the part of N. P. Habib. That complaint Ex.P-1 runs as follows:

(3.) The Sub-Inspector of Police (PW.8) registered a case in Crime No. 22 of 1969. He then complied a spot panchanama (Ex.P-3) attested by Parasuram (PW.3) and K.Y.Pujari(PW.4). After examining the witnesses, and completion of the investigation, the Sub-Inspector (PW.8) laid the charge-sheet on 27-4-1969 in the trial Court, alleging offences under S.279 and 427 of the Indian Penal Code and S.116 of the Indian Motor Vehicles Act, against the accused viz., N. P. Habib. The case was taken on file as C.C.740 of 1969. For the prosecution eight witnesses were examined. When questioned under S.342 Cr.P.C. the accused stated that the complainant (PW.2 Gangol) himself dashed while going towards Deshpande Nagar. The accused did not examine any defence witnesses.