STATE OF JAMMJU AND KASHMIR Vs. INDER SINGH

JUDGEMENT

(1.) This appeal has been preferred VIS 417 of the Cr. P.C. against the ORDER and order of acquittal to have been passed by the learned Sub Registrar/Judicial Magistrate First Class. Jammu, on 31/3/1976 by which the respondent here-in-referred to as the accused charged for an offence VIS 304A and 337 R.P.C. on his trial, was acquitted.

(2.) According to the prosecution, on 13/5/1973 at about 8 PM the accused while driving his temp bearing No. 4699/JKN had gone a furlong ahead from Military Hospital, Satwari towards Chatha, when it dashed against a private car bearing registration No. 7566/WBA which was driven by the deceased, and after its collision with the car, it had turned turtle. The driver of the car had been crushed inside his vehicle and there were two other persons sitting in the back seat of the said car, who also sustained injuries on their person, due to the accident. The injured persons were taken out from the said car with great difficulty and the complainant carried them in a taxi to the hospital, and the driver of the car Vijay Kumar who had been seriously injured succumbed to his injuries on his way to the hospital. The incident was noticed by Sat Pal Sharma ASI and Ghulam Nabi constable, who were on a usual round and were returning to the Police Station, when the occurrence took place.

(3.) After the registration of the case, the accused was tried in the Court of Sub Registrar. Judicial Magistrate First Class, Jammu, who examined Ashwani Kumar, Bal Krishan, Mulkh Raj Sharma, Vidya Parkash, Omi Chand Sharma, Chajju Ram, Dr. R.N. Sachdev, Suresh Bahal, Amar Nath, Sat Pal, ASI, Dr. Yogeshwar Mengi, Bal Krishan Koul and Kasturi Lal ASI as witnesses in the case. Three witnesses Parshotam Lal, Sardar Sant Singh and Nardev Singh have been examined as witnesses in defence by the accused.