STATE OF H P Vs. SUDARSHAN SINGH

JUDGEMENT

(1.) The sole question for determination of this Court is, whether the respondent who was initially the accused in the trial court, is the perpetrator of the crime under sections 279/ 337/338 of the Indian Penal Code?

(2.) Lily, daughter of Smt. Putli (P.W. 2) is the injured. Sukh Ram (P.W. 1) is her father, and husband of P.W. 2. On June 20, 1987, at about 5.30 P.M. said Lily alongwith her mother is alleged to be crossing the road at Shogi Bazar. Ram Kali another wife of Sukh Ram P.W. 1 was fetching water from the tap at the material time. Lily aforesaid is said to have been hit by vehicle registered as taxi HPZ 484 allegedly by rash and negligent driving of respondent Sudarshan Singh. Resultantly, the injured fell on the road and sustained injuries on her person. Nose started bleeding and there was a minor but grievous injury on the head too. She was medically examined by Dr. Sudha Prakash who indicated the injuries so sustained vide medical certificate Ex. P.W. 6/C.

(3.) P.W. 1 lodged the report to the police regarding the incident and a criminal case was registered against the accused for the commission of the above said on offences. During investigation, spot was visited, the site plan was prepared and statements of the various witnesses were recorded. On completion thereof, the accused was prosecuted.