STATE OF H.P. Vs. RASHPAUL @ PALA

JUDGEMENT

(1.) HEARD .

(2.) IN the instant case, the incident is alleged to have taken place on account of the rash and negligent driving by the Respondent on 15.10.2003 at 6.15 p.m. The FIR was lodged after 3 days of the incident, i.e., on 18.10.2003 and the Respondent was got medically examined at 5.15 p.m. The injuries sustained to the foot of the Respondent were opined to be within 24 hours which comes to have been sustained by him on 17.10.2003 at 5.15 p.m. As PW1 Dr. Kavita Mahajan CHC Rahan also testified on oath that injury in question was caused less than the duration of 24 hours. These injuries are not relatable to the accident in question and according to the said Doctor; injury sustained by the Respondent could be the result of fall. Also there is no explanation worth the name for causing delay in filing of FIR, particularly when the Police Post is located at a distance of less than 7 km. from the place of residence of the complainant thus the FIR appears to be the result of due deliberations.