STATE OF H.P. Vs. ARUN KUMAR

JUDGEMENT

(1.) THE State is aggrieved by the judgment of acquittal passed against the respondent who was driving the bus purportedly involved in the accident causing injuries to PW1 Kamlender Singh. He was charged for commission of offences under Sections 279 and 337 of the Indian Penal Code causing injuries to the complainant by rash or negligent driving.

(2.) THE case of the prosecution is that on 15.5.2002 around 9.20 a.m., the respondent was driving bus No. HP -16 -3604 from Chamba to Dehradun, which, according to the prosecution, while giving pass to a private bus, struck against the complainant, who was taken to the hospital by the driver himself. He was examined by PW5 Dr. R.K. Mangla who issued the Medico Legal Certificate Ext.PW5/A showing that injuries were simple in nature. There was one injury on head which was X -rayed at District Hospital, Nahan. In his cross examination, the Dr. R.K. Mangla admitted that injuries were simple in nature and that if a person is hit by fast moving vehicle, then the injuries would be more serious. He also states that such injuries can be caused by fall on a hard surface. Adverting to the prosecution evidence, it has been proved on record by injured Kamlender Singh and Geeta Thakur PW4 that they were walking on the roadside when the accident took place.

(3.) THE primary factor which has to be established on record is whether the respondent was driving the bus in a rash or negligent manner. I do not find from the photographs Ext.PX, Ext.PY and Ext.PZ that accident could be caused in the manner as alleged. Since the road was wide enough. It is quite clear that no rashness or negligence has been proved on record of the case. One more factor requires to be noticed, which is that the driver of the bus who had taken the complainant to the hospital for treatment.