Decided on November 06,2007

STATE Appellant
KAPTAN SINGH Respondents


- (1.) ON 11-1-1988 at around 8. 10 a. m. Master Anubhav Khanna, a student of air Force Senior Secondary School, subhroto Park suffered an untimely death when he was hit by a motor vehicle. The young boy was a student of Class III and was aged 8 years. Prosecution alleged that the respondent who was driving bus No. DEP-8474 under management of DTC and had caused the accident when, plying on route No. 773, the bus was in the road and had reached Air Force Senior Secondary school.
(2.) LEARNED Metropolitan Magistrate who conducted the trial has held that offence under Section 279 and Section 304, IPC was not established against the respondent. In so holding, learned Trial Judge has held that there are material discrepancies in the testimony of P. W. 2 P. W. 3 which casts a doubt whether P. W. 2 had witnessed the accident. Further, learned Trial Judge has drawn an adverse inference against the prosecution from the fact that vide DD Entry Ex. P. W. 9/a recorded at 9. 05 a. m. no particulars about bus in question were noted. Lastly, testimony of P. W. 3 another eye witness has been disbelieved.
(3.) P. W. 2, Babu admittedly working as a chowkidar in the school stated that he was an eye-witness to the accident as he was present at the gate No. 1 of the school. That the bus was being driven very fast and that after the young boy was hit, lot of people collected at the spot. He went to inform the principal who sent two boys with him to see the injured. When he went back to the road, the boy had been removed to the hospital. That he had seen the driver of the bus. That that accused was the driver of the bus. In cross-examination, he stated that the police recorded his statement but immediately thereafter stated that the police did not record his statement but noted down his name and address. He further deposed in cross-examination that the bus stopped at a distance of about 25 paces ahead of the accident and that after hitting the boy the bus ran over the body resulting in the boy getting crushed.;

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