STATE OF H. P. Vs. NARINDER SINGH

JUDGEMENT

(1.) THE respondent was acquitted by the trial Court under Section 279 and 337 of the Indian Penal Code against which the instant appeal has been filed.

(2.) HEARD and gone through the record.

(3.) HIS acquittal has been challenged in the instant appeal filed by the State. The Bus Driver (PW1) Padam Singh in order to corroborate the case of the prosecution has stated that on seeing the bus coming from the opposite side, in a high speed, he applied his breaks but the van driver did not stop his vehicle and it struck against the bus and the respondent sustained injuries. He informed the Police and his statement Exhibit PW1/A was recorded. Both the vehicles were taken into possession. DW2 Dewan Singh has stated that he was the occupant of the Bus and the respondent was driving his van in a very high speed. Bhupinder Singh (PW3) has stated that the van was taken into possession in his presence. PW4 Chinta Mani had examined both the vehicles mechanically. PW5 Navin Kumar took the photographs. PW6 Ram Pal is a witness to the recovery of driving license Exhibit PW6/A. PW7 Mohammad Aslam is the owner of the Maruti van. PW8 Abhishek has stated that he was also the occupant of the Bus on that day but he did not state that on seeing the van on the curve, the bus driver had applied its breaks and halted it. He has made a very important statement in his cross- examination that he did not know whether the van had hit the bus near the rear tyre or some where else but he admitted that the speed of the van was very slow and also stated that the Drivers of both the vehicles were negligent to some extent. PW10 Dharam Pal Head Constable is a witness to the recovery of the glass splinters which were taken into possession vide Memo Exhibit PW8/A. In his cross-examination, he has stated the Bus Driver and the Conductor were present there on the spot and except them, no body else was there but they had detained the two witnesses Dewan Singh and Abhishek who were the local residents of the place which was near to the accident, he did not taken into possession their bus tickets to lend arguments to their statements whether they in fact were traveling in the said bus.