STATE OF U.T. Vs. NACHHATTAR SINGH

JUDGEMENT

(1.) THIS petition under section 378(1)(b) and (3) read with Section 482 of the Code of Criminal Procedure has been moved for grant of special leave to appeal from the order of acquittal dated 18.9.2006 passed by the Judicial Magistrate Ist Class, Chandigarh.

(2.) THE accused-respondent was charged and tried under Sections 279/304-A, IPC on the allegation that on 27th October 1988 information was received in the Police Station with regard to an accident. On receipt of said information, Sub Inspector Kuldeep Singh alongwith other police officials immediately rushed to the spot, where complainant - Surinder Kumar met him and got recorded his statement sating that he was working as Lab Technician in DHS, Sector-34, Chandigarh. On 27.10.1998, he was coming to his house along with his sister-in-law- Charanjit Kaur, who happened to be working in the same office as Clerk, on his scooter bearing No. CH-01-M-9865. At about 5.15 PM. When while going towards the barrier of Sector 45/46 on the dividing road of Sector 45 and colony No. 5, he was crossing truck No. HR-05-7045 which was parked on the left side of the road, meanwhile a Bus hit his scooter. As a result thereof, he fell on the road and Charanjit Kaur, who was a pillion rider, had also fallen on the ground and the scooter was also broken into pieces. The driver of the Bus took away the Bus after crushing Charanjit Kaur. He stopped the Bus after covering some distance. Thereafter complainant noted down the number of Bus as PB-11-F-9576 and identity of the driver as the accused above named. Charanjit Kaur breathed her last on the spot.

(3.) IN defence, Mohan Singh, drover of PRTC, District Sangrur, was examined as DW-1, who proved the factum of accident being an eyewitness. According to his evidence, it was proved that the fault for this accident was of the complainant, who hit the scooter with the bus.