STATE Vs. KULDEEP KUMAR

JUDGEMENT

(1.) In this appeal, the State impugns a judgment and order of the learned Addl. Sessions Judge dated 31.07.1997 in S.C. No. 207/1994.

(2.) The prosecution case was that Kuldeep (hereafter referred to as "the respondent") and Om Prakash lived in Bharthal Village, and were neighbours but not on good terms. It is alleged that the respondent s family used to throw garbage in front of Om Prakash s house which led to frequent quarrels. The prosecution alleged that a similar quarrel had occurred on 15.10.1988 at 06.00 am. On the same day, the respondent at about 10.40 am drove his three-wheeler scooter and hit Naresh Kumar (the son of Om Prakash), aged 10 years, which resulted in serious injuries. Naresh was rushed to the hospital and declared "Brought Dead". The prosecution alleged that the incident was witnessed by Laxmi Devi, sister of the deceased Naresh Kumar s father-Om Prakash, who deposed as PW-12, and Satish, brother of the deceased Naresh who deposed as PW-11. The police had initially registered a First Information Report (FIR), alleging commission of offences under Section 279/304A IPC by the respondent. Om Prakash, the deceased s father was dissatisfied with this and moved higher authorities, which led to further investigations. PW-12 had initially recorded her police statement on 15.10.1988 as also was the case with PW-11. Subsequently, her supplementary statement was recorded on 02.11.1988. PW- 11 s supplementary statement was recorded on 04.11.1988. In these circumstances, the Trial Court charged the respondent for committing the offence punishable under Section 302 IPC. He stated that he was innocent and claimed trial.

(3.) The prosecution relied upon the testimony of 18 witnesses; primarily the eyewitness accounts of PW-11 and 12. After considering all the materials on record, the Trial Court concluded that the prosecution could not bring home the respondent s guilt and accordingly acquitted him of the charges.