STATE OF RAJASTHAN Vs. NIRANJAN SINGH

JUDGEMENT

(1.) ON 24-5-1968, at about 7 a. m. the injured Kewalram P. W. 1, was riding on his bicycle, carrying a certain quantity of milk. He was proceeding from the village Kola to Hanumangarh town. The prosecution story is that the accused Niranjan Singh happened to pass that way. He was driving truck No RJK. 5345, rashly and negligently. It struck down Kewalram on the left side of the road. The left front wheel of the truck ran over the left hand of Kewalram Thereafter the accused Niranjan Singh stopped his vehicle. He put Kewalram into it and took him to the Medical Officer, Hanumangarh. As a result of the injuries sustained by Kewalram, his condition got deteriorated. A dying declaration, therefore, was recorded by the Sub divisional Magistrate, Hanumangarh. It is marked Ex. P. 1. Kewalram was examined, at 6. 50 a. m. on May 24, 1968, by Dr. Ramesh Chandra, P. W. 4. Following injuries were found on his person - (1) A lacerated wound extending along the entire length of the left forearm from elbow joint to thumb 5" x 6" in dimension and covering the anterior, the medial and lateral as also the part of the posterior aspect of the left fore-arm. Both the bones of the left forearm were fractured at lower ends and shafts and were projecting outside the wound. (2) Three rounded abrasions 1/4" in diameter at the posterior aspect of the right hand. (3) Two rounded abrasions 1/3" in diameter at posterior aspect of the right wrist joint. (4) An abrasion 1"x1/4"on the posterior aspect of the right arm just above the right elbow joint. (5) An abrasion I" in diameter on the anterior aspect of the left knee joint (6) An abrasion 1" x 3/4" just below the left knee on anterio-lateral aspect of the left leg, (7) An abrasion 1" x 1/2" in the anterior-medial aspect of the right leg just below the right knee joint. (8) An abrasion 1" x 1/2" on the right lateral malleolus. (9) An abrasion 2" x 2" on the right trochanteric region. In the opinion of the Doctor injury No. 1 was grievous and was caused by a blunt object. Injuries Nos. 2 to 9 were simple in nature and were caused by a blunt device. They were less than 8 hours' old. Injury No. 1, the Doctor adds, could have been caused by running over the wheel of a truck. After necessary investigation, the police put up a challan against the accused Niranjan Singh in the court of the Munsiff Magistrate, Hanumangarh, on November, 19, 1968, charges under secs. 279, 337 and 338, I. P. C, were read over and explained to the accused, to which he pleaded not guilty. In support of its case the prosecution examined P. W. 1 injured Kewalram, P. W. 2 Goverdhan Singh M. T. O. , P. W. 3 Dhila Singh, Incharge Police Station, Hanumangarh and P. W. 4 Ramesh Chandra, Medical Officer, Hanumangarh. In his statement, recorded under sec. 342 Cr. P. C, the accused admitted that he was going from Rawatsar to Hanumangarh, in a truck. His vehicle was being driven by another Niranjan Singh. He found Kewalram lying on the road in an injured condition. He stopped his truck and took the injured to the Hanumangarh Hospital for treatment. His truck did not collide with him. In his defence he examined Niranjan Singh s/o Ram Singh D. W. 1. The trial court by its judgment, dated January 31, 1970, acquitted the accused Niranjan Singh of the offences under secs. 279, 337 and 338 I. P. C. , on the following grounds - [1] that Kewalram was driving his bicycle on the wrong side of the road; [2] that in the first information report it is not mentioned that the accused was driving his truck with a fast speed; and [3] that the injured could not have recognised the driver of the truck RJK 5445. Dissatisfied by the above verdict, the State Government has taken the present appeal. The appeal was admitted by this Court on 16-6-1970, and a notice was issued to the respondent. It was served on him on 16-12-1970. Niranjan Singh, however, did not put in appearance. Consequently the appeal is heard in his absence.

(2.) THE evidence of P. W. 1 Kewalram show that he received injuries as a result of truck collision on May 24, 1968, Kewalram was examined by Dr. Ramesh Chander, Medical Officer, Hanumangarh, P. W. 4, that very day. THE Doctor found 9 injuries on his person, as set forth above. Of these injuries, injury No. 1 was grevious in nature. THE fact that Kewalram sustained injuries has been admitted by the accused Niranjan Singh in his statement, recorded under sec. 342, Cr. P. C. It is, thus evident that on May 2, 1968, Kewalram was hit by a trek, as a result of which 9 injuries, including grieves hurt, were caused to him.