STATE OF HIMACHAL PRADESH Vs. GURDEEP SINGH

JUDGEMENT

(1.) This is an appeal against the judgment of acquittal recorded by Shri K. P. Singh Judicial Magistrate (II). Amb District Una dated 5th October, 1989 whereby he has acquitted Gurdeep Singh respondent for an offence under sections 279/337/338. I.P.C.

(2.) The prosecution case was that the respondent was driving bus No. PJU-8651 from Hoshiarpur to Chintpurni in a rash and negligent manner and as a result thereof he collided the rear portion of the bus with another bus IIIK-2032 at about 10.45 a.m. at a place near Sidh Chaler. This resulted in injuries to a passenger Ramesh Chand. The matter having been reported to the police, FIR Ex. PW-9/A was registered against the respondent. The police visited the spot prepared the spot map Ex-PW-9/A. impounded both the vehicles involved in the accident vide ford Ex. PW 1/A and took the photographs marked A to E and recorded the statements of the witnesses. After investigation had been completed the police presented the challan and the accused was summoned to face trial. Charge was framed against him to which he pleaded not guilty 12 witnesses were examined at the trial. In his statement under Section 313, Cr. P.C. he stated that he is innocent and the witness have deposed against him at the instance of the police. However, he did not lead any evidence in defence.

(3.) The learned trial court after discussing the evidence has acquitted the respondent mainly on the ground that though some of the witnesses, includingthe injured have stated that the bus in question was being driven at a fast speed, but out of them PW-2 Jaswant Singh, who was sitting in the other bus stated that he came to know about the accident when he got down from the bus. He also stated that from the seat where he was sitting, he was not able to see the bus being driven by the respondent. On the basis of this statement, the lower court has held that this witness his not seen the accident. P.W. 3 Prakash Chand is the conductor of the bus. He stated that the injured vomitting and keeping his head and arm out of the window time and again in spite of his warning for not doing so. According to this witness though the bus was running fast but was not being driven in a rash and negligence manner.