STATE, (U T ,) CHD Vs. SURJAN SINGH

JUDGEMENT

(1.) SURJAN Singh, respondent, was tried by the Additional Chief Judicial Magistrate, Chandigarh for the offences under Sections, 279,337 and 338 of the Indian Penal Code for driving three -wheeler scooter No. CHV -1051 rashly and negligently on a public place so as the endanger human life on 12th October, 1976, at Chandigarh, and for causing simple hurt to PW Des Raj and grievous hurt to PW, Prabh Dyal in the process. He was, however, given the benefit of doubt and acquitted. Hence, this appeal by the State against his acquittal.

(2.) THE prosecution case as set up at the trial was that on 12th October, 1976, P.W. 2 Des Raj was going to General Post Office on his scooter DLJ -8038 at about 10.30 a.m., while Prabh Dyal (P.W. 3) was sitting on the pillion of that scooter. When they crossed the exit of the Bus Stand, Sector 17, a three - wheeler scooter No. CHV -1051, driven by the respondent, came from the front side and hit the scooter of Des Raj PW. It is alleged that the respondent was driving the three wheeler scooter at a fast speed and did not blow any horn nor gave any signal before taking turn. Des Raj and Prabh Dyal PWS fell down on the ground and received injuries.

(3.) THE case was registered against the respondent on the basis of the statement Ex. PA of Des Raj (P.W. 2), which was recorded by ASI Harbhajan Singh (P.W. 7) in the General Hospital. The formal First Information Report is Ex. PA/1.