KANWALJIT SINGH AHLUWALIA,J. - (1.) Admittedly, on 04/01/2006 at about 9.45 a.m., Sarita aged 15 years, a student of 10th class of Indian Public School, Fatehpur, died due to the injuries suffered by her as a result of collision with Jeep bearing registration No. H.R. 24B. 4207. In the present appeal preferred by Rakesh S/o Kurdaram and Mahesh @ Ramesh S/o Bhanwarlal, we have been called upon to determine whether accused had intentionally committed murder by running the jeep over Sarita or it is a case of accident. Another question, which stare at us is as to who was the driver of the jeep and to whom the said jeep belonged ? Before we make endeavour to answer the above questions, it will be necessary for us to state brief facts of the case.
(2.) Balveer Singh (PW3), Principal of Indian Public School, Fatehpur presented the written report (Ex.P5) before Aladeen Khan (PW9), who was then posted as Sub-Inspector at Police Station Kotwali, Fatehpur and at the relevant time, he was in-charge of the police station. Written report (Ex.P5) when translated into English, reads as under:- "Shriman SHO Sahab, Fatehpur. Sub.: Information regarding accident. It Is submitted that today at 9.45 student of 10th class Sarita Kulhari D/o Rameshwar Lal aged about 15 years was coming from her house to the school. In front of the Saw Machine (ara machine) of Hussain, Mandawar Road, a vehicle No. H.R. 24B.4207 which was driven rashly and negligently came from the wrong side and collided with Sarita in front of Saw Machine of Hussain ji at Mandawar Road. Sarita suffered injuries on foot and various pats of the body. She was admitted for treatment to Government Hospital Dhanuka. Necessary action be taken." The said report was presented on 04/01/2006 at 10.00 a.m. The case was lodged at 10.00 a.m. and special report reached Illaqa Magistrate on the same day i.e. 04/01/2006 at 1.15 p.m.
(3.) A perusal of the FIR reveals that due to accident caused by the vehicle, Sarita had died and she was taken to the hospital. Said FIR is silent as to who was the driver and owner of the jeep, which caused the accident. The FIR also specifically stated that the accident had taken place due to rash and negligent driving of the driver of the vehicle, which was coming from the wrong side. Later, on the day of occurrence itself, investigating agency introduced Dharampal (PW1), Bhojendra Singh (PW2), Hemendra Mahla (PW4) and Mahaveer (PW10-uncle) 'chacha' of deceased-Sarita as eye-witnesses. In their testimony, these four witnesses introduced story that accused Rakesh was professing one sided love for Sarita and since efforts made by him to entice Sarita were spurned off and his proposal was rejected by her parents, accused Rakesh on the day of occurrence attempted to establish contact with Sarita and when she refused, he with an intention to cause harm to Sarita drove the jeep towards her and ran over the same on the legs of Sarita resulting into her death. A peculiar feature of the case is that an the injuries are on the lower part of the body i.e. thighs and legs of deceased-Sarita.;