IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.Appeal No.256 of 2001 Date of decision:12.05.2008 State of H.P. Appellant Versus Randhir Singh Respondent Coram The Hon’ble Mr. Justice V.K.Ahuja,J. Whether approved for reporting1? No For the appellant: Mr. J.S.Guleria, Law Officer. For the respondent: Mr. Ramesh Thakur, Advocate. V,K.Ahuja, J (Oral) This appeal has been filed by the State of H.P. against the judgment of the Court of learned Sessions Judge, Kullu dated 23.12.1998 vide which the respondent was acquitted of the charge of the accusation under Sections 279/304-A and Section 187 of the Motor Vehicles Act. Briefly stated, the facts of the case are that on 2.5.1996, a report was ledged by one Yogesh Mahant that when he was going to Gandhinagar from Dhalpur on his scooter and one Sh. Amit Sood was the pillion rider, Bus No.JK-02F-2433 was going ahead of him at a very high speed. Nishchil Kant, now deceased, was riding a Motor Cycle which was ahead of the bus and when the motor cyclist was trying to overtake a van, his motor cycle was hit by the bus being driven by the respondent. It was alleged that due to this hit, the motor-cycle fell on the road and its rider was crushed under the rear tyre of the bus. The bus driver ran away from the Whether the reporters of Local Papers may be allowed to see the Judgment? Yes spot alongwith the bus and he was apprehended later on. After investigation, Challan was filed and the accused was tried by the trial Court resulting in his acquittal. I have heard the learned counsel for the parties and have gone through the record. The statement of the complainant PW-2 Yogesh Mahant shows that he was going on his scooter and bus was going ahead of him which was involved in the accident. The learned trial Court has observed that when the PW-2 has stated that the bus was ahead of him it was not possible that he could see the accident taking place. PW-3 Amit Sood has stated that at the time of the accident their scooter was on the right side and he could see the accident but his statement was not found trustworthy since there is nothing to show that the scooter was on the right side or that the scooter was overtaking the bus at the relevant time. Both these witnesses have stated that the deceased was crushed under the rear tyre of the bus. But these statements do not find corroboration from the statement of PW-6 Dr. S.S.Bodh who conducted the postmortem and has stated that there were no crush injuries found on the dead body. If the deceased was crushed under the tyre, there have to be crush injuries which were not there. The defence plea taken the accused was that the when motor cycle was trying to over take the bus it skidded on the road but was not crushed under the tyre. The other plea taken by the defence was that the deceased was not having a valid driving licence at the relevant time. One of the passengers of the Bus PW- 11, namely, Naresh Singh was examined who was travelling in the same bus and was occupying the front seat. He stated that the respondent was not driving the bus at the relevant time and he was declared hostile by the prosecution and was subjected to detailed cross-examination. The evidence led does not establish the fact that it was the accused who was driving the vehicle at the relevant time since both the witnesses were on the scooter and could not have seen the driver since the scooter was behind the bus involved in the accident. The accused cannot be held guilty on suspicion and it has to be proved beyond reasonable doubt that it was the respondent driving the bus at the relevant time. The findings recorded by the trial Court are to the effect that there was a festival going on and that there was a great rush on the road side, the bus could not have been driven by driver at a high speed. From the above discussion, the findings recorded by the learned trial Court cannot be said to be perverse to be interfered with by this Court in appeal. The appeal stands accordingly dismissed. The bail bonds, if any, stands discharged. 12th May, 2008 (V.K.Ahuja),J. (SDS)