STATE DELHI ADMINISTRATION Vs. KAINI LAL

JUDGEMENT

(1.) This is an appeal against an order of acquittal made in a trial for an offence under Section 337 of the Indian Penal Code and has been filed in the following circumstances.

(2.) The respondent, Kaini Lal, was tried by the Sub-divisional Magistrate, New Delhi for an offence under Section 337 of the Indian Penal Code on the allegation that on May 7, 1967 at 10.45 P.M., the respondent, was driving his car No. MRA 5618 from the lane parallel to the 'nallah' of the Defence Colony, New Delhi so rashly and negligently as to endanger human life and thereby caused an accident with car No. DLD 33, which was being driven by Dr. Khorana, PW2, towards Lajpat Nagar from the Defence Colony market which resulted in injuries and shock to Dr. Khorana, his wife, PW4 and his daughter, PW3. The respondent admitted the occurrence of the accident but denied his liability.

(3.) At the trial, the prosecution examined 12 witnesses, PW1 to PW12, while one witness, DW1, was examined on behalf of the defence. PW1 is Dr. C. L. Sahani who had examined Dr. Khorana, his wife and daughter and had found minor injuries on their person. He proved his medical certificate Ex. PM. PW2 is Dr. P. L. Khorana himself while PW3 and PW4 are his daughter and wife respectively who gave their version of the accident. Dr. Khorana also proved his report Ex. PB. PW5 is Daryao Singh, the only independent witness, who claimed to be on the spot at the time of the incident. PW6 is S. Kar, a supervisor of M/s. Premnath Motors Workshop who produced a copy of the estimate, Ex. PW6/A, with regard to the repairs which was done to the car of Dr. Khorana. PW7 is Sis Ram, head constable who had recorded the message with regard to the incident and proved a copy of the report PW7/A. PW8 and PW11 is Dewan Chaman Lal, father of the respondent while PW9 is Ashok Kumar Sharma of Malhotra Automobile Engineering Company who produced estimate, Ex. PW9/A, in respect of. the repairs carried out in the other car. PW10 is Gopi Chand, A.S.I, who claimed to have gone to the spot immediately after the report and had, amongst others, prepared the site plan Ex. PWIO/A. PW12 is Mulk Raj, A.S.I., the investigating officer. DW1 is Prem Bhardwaj, a. companion of the respondent in the car when the accident took place and gave the defence version of the accident.