STATE Vs. BAL KISHEN

JUDGEMENT

(1.) Feeling aggrieved by acquittal of the respondent - Bal Kishen for offences under Sections 279/304A of Indian Penal Code in case FIR No. 174/99 registered at Police Station Maurice Nagar, the present appeal under Sec. 378(1) of Code of Criminal Procedure has been preferred by the State.

(2.) The prosecution case emanates from the fact that on 16.10.1999, PW3 - Mohan Mandal along with his brother Pankaj Mandal were returning back from Sadar Bazar on cycle via Mall Road which was driven by his brother Pankaj and he was sitting on the pillion seat. When they reached at Mall Road Chowk crossing at about 8 pm and his brother had started going towards Timarpur, a DTC bus bearing registration number DEP-9741 route number 258 (from Mori Gate to Sonia Vihar) came being driven by its driver in a very rash and negligent manner and hit the cycle from t behind, as a result of which he as well as his brother fell down along with the cycle. His brother was dragged alongwith the cycle by the DTC bus driver for quite a distance and as a result of which his brother sustained grievous injuries. In the meantime, the police came and removed his brother to the hospital who died on the way. This statement made by Mohan Mandal became bedrock of investigation and resulted in registration of an FIR under Sec. 279/304Aof IPC.

(3.) It is further the case of the prosecution that an information was received by HC -Surender Singh, in-charge PCR Van that a DTC bus bearing registration number DEP-9741 route number 258 after causing an accident had left the spot towards Timarpur. After about 15-20 minutes, the bus came at Sonia Vihar Pusta, near Jal Board Pump. HC Surender Singh went to the bus stop and inquired from the driver and the passengers. The passengers informed him that the DTC bus dragged a cyclist. The message was flashed to control room. SI Rajinder Singh came to the spot. The accused alongwith the bus was handed over to the investigating officer of the case.