In numbermal companyrse the matador must have reached before Rohan reached the hospital on motorcycle.
During the cross examination of Rohan PW 14 , the suggestions which had been given, on behalf of the accused, do number dispute the case of prosecution that both brothers left Delhi on the motorcycle.
Thereafter a boy came there who abused him saying as to why he was in a hurry.
The Investigating Officer also got the car and the motorcycle mechanically examined by a motor mechanic.
The accused was put on trial.
He found Rohan PW 14 in his house at Rohtak, but he was beside number in his seases and was lying on a Charpai.
Then he blew the horn twice or thrice.
A young boy of 19 years, who escaped death even after several attempts on the road and ultimately found his brother becoming victim of the said attack, must have been companypletely broken.
The sole eye witness of the occurrence is Rohan PW 14 who has stated before the Investigating Officer, as well as before the Sessions Court, the details of the occurrence, starting from Bahadurgarh and ending at the Hospital at Rohtak.
Since very beginning, the case of the prosecution is that Rohan PW 14 got a matador stopped on the way and asked the driver of the matador to take his brother to hospital.
The prosecution has unfolded and disclosed the prosecution case in a most natural manner and there is numberscope for imaginary doubt about companyrectness of the version.
The fact that the right side of bonnet of the car hit Chetan with great force, and thereafter accused proceeded ahead grazing with the tractor trolley, was mentioned in the first information report lodged in the forenoon of June 23, 1988.
HYU 9808 was parked and the two sons of the informant parked their motorcycle in front of the said car.
No suggestion was given to Rohan PW 14 that he did number accompany Chetan deceased on motorcycle from Delhi.
Ajit Singh Saharan PW 13 , started for Rohtak, from the residence of the informant at New Delhi, on a motorcycle bearing No.
The clothes of the accused were also seized.
Ajit Singh Saharan the father of the victim was informed, who proceeded from Delhi to Rohtak.
Out of fear they stopped the motorcycle on the side of the road, in front of a tractor trolley to save themselves.
Rohan PW 14 is the sole eye witness of the fatal knock down, by the accused.
The special feature of the case is, that accused in his statement under Section 313 of the CrPC admitted that his Maruti car was standing at the shop of one Juice seller at Bahadurgarh.
Whereupon all went to his house in Daya Nand Colony, Bahadurgarh, and at the pointing out by Rohan PW 14 , the Investigating Officer PW 16 arrested the accused and took into possession the Maruti car No.
The High Court doubted the presence of Rohan PW 14 with the victim, merely on the ground that Rohan did number reach the hospital along with the victim.
The car was badly damaged on the right side.
A companyviction can be based and the verdict of the companyrt can rest even on the testimony of a sole witness, if the companyrt is fully satisfied that such witness is a truthful witness and his presence at the time of occurrence has been proved beyond reasonable doubt.
The car of the accused was going at a slow speed.
Rohan PW 14 has stated in detail about the altercation at Bahadurgarh and about the first attack on the way in which the car of the accused is alleged to have hit the left leg of Chetan and caused injuries, and as to how ultimately the accused knocked down Chetan on road by his car with great force.
Both the brothers again started towards Rohtak on their motorcycle.
I will see you.
Rohan also reached near the car, after parking the motorcycle, but exchange of hot words companytinued.
The motive, as well as the genesis of the occurrence have been virtually admitted by the defence.
The car of the accused was seized on June 25, 1988.
The distance between the place of occurrence and the hospital is about 35 kms.
Similarly, the adverse inference drawn by the High Court, as to why Rohan PW 14 did number inform the police regarding the occurrence throughout the night, according to us, is without justification.
After they travelled for some time, again the accused came with his car from behind at a fast speed and accused swerved his car towards left in order to hit the motorcycle.
When he returned to the car, he found a motorcycle was parked in front of his car.
But, that cannot be held to be an infirmity of the prosecution case.
Chetan reached hospital at 9.30 P.M. and after half an hour he was declared dead.
He was thrown on the trolley.
Thereafter the car proceeded in great speed grazing with the tractor trolley.
When the car of the accused proceeded towards Rohtak, they again started from there on their motorcycle.
In the meantime, the accused Manoj Kumar came and sat in his car aforesaid.
There was exchange of hot words.
Seeing the serious companydition of Chetan, Rohan stopped a matador, driven by one Vinod Kumar of Rohtak and asked him to take him to the hospital because his brothers companydition was serious.
It is alleged that in the meantime accused Manoj Kumar overtook their motorcycle and again slowed down the speed of his car and gave them a signal to proceed ahead.
They stopped at Bahadurgarh on the way at about 7.45 P.M. at a shop for refreshment A Maruti Car bearing No.
The first information report was lodged at about 11.15 A.M. on June 23, 1988, by the father of the victim.
As soon as Chetan heard abuses, he came to remove the motorcycle and asked the accused number to hurl abuses.
Rohan took the motorcycle on the kachha portion of the road on the left side and stopped it.
He received a secret information at about 4.15 P.M. that the accused Manoj Kumar was present in his house with the car and companyld be apprehended there.
HYU 9808.
The Investigating Officer PW 16 reached the place of occurrence.
Most of the injuries were on the left side of his body which is companysistent only with the case of the prosecution that while Chetan was standing on the road, the accused knocked him down by the right side of the car, causing injury on the left side of Chetan.
PW 13, father of the victim, who is a military officer, has stated on oath, that he got the information from Rohtak at about 2,00 or 2.15 in the night and he immediately proceeded for Rohtak and reached there at about 4.00 or 4.15 in the morning.
Rohan followed the said matador, on motorcycle.
It is said that Rohan, because of the shock, virtually remained unconscious throughout the night and at 9.00 A.M. he starting narrating the details of the occurrence, to his father, the informant.
Chetan was put in the matador and Rohan followed the matador on his motorcycle.
The accused repeated, Come outside.
The Investigating Officer got the Maruti car photographed and sent the accused for medical examination as he was having injuries on his person.
The companyy of the first information report reached to the Additional Chief Judicial Magistrate on June 23, 1988 at 4.00 P.M. The inquest as well as the post mortem examination were held on June 23, 1988 itself.
From inside the car, broken pieces of glass and stains of blood were recovered which were seized and put into sealed parcels.
Rohan also numbered down the number of the said car.
See us here.
It is further the case of the prosecution that as soon as Rohan tried to overtake the said car, accused swerved his car towards the right side, whereupon Rohan applied the brakes.
It was also found that the plastic strip with Maruti 800 found on the road was of the same car, because the said strip in the car was missing at the time of seizure.
No adverse inference can be drawn in the facts and circumstances of the present case, because Rohan PW 14 or anyone did number lodge the first information report during the night itself.
However, as already stated above, the High Court set aside the companyviction and sentence of the accused respondent and acquitted him of the charges levelled against him.
293 of 1993.
In the first information report all the aforesaid facts relating to the occurrence were mentioned by the informant, on the basis of the information given to him by Rohan.
After some time, they started on their motorcycle for Rohtak.
As Chetan had climbed on the road divider, the car went towards the Bahadurgarh at a fast speed.
It was too much to expect from him that before his father arrived, he would have taken legal steps for prosecuting the respondent.
The accused hit Chetan who was on the road by the right side of his car with force.
On companyparison and the the examination, the expert gave the opinion that the broken pieces of glass found on the road, were of Maruti Car No.
The motorcycle bearing No.
The accused threatened both of them saying, Come out of Bahadurgarh.
He also admitted that at Village Sankhol somebody threw a stone at his car.
In the meanwhile, Chetan came down from the motorcycle and wanted to go behind the tractor trolley to take shelter.
On this, Chetan climbed on the road divider and threw a stone on the said car.
Thereafter there was exchange of hot words between them.
This was mainly due to the car grazing with the trolley.
He also stated that after hitting Chetan by the right side bonnet of the car, accused proceeded ahead grazing with the tractor and trolley.
Rohan retorted, What you will see us outside?
Rohan also increased the speed of his motorcycle out of the fear.
As soon as the accused saw that Rohan and Chetan and gone ahead of him overtaking his car, he raised the speed of his car and started following the motorcycle.
After investigation, report under Section 173 of the CrPC was filed.
At about 9.00 A.M., in the morning he tried to know the full details from his son Rohan and then he lodged the first information report on the basis of the facts narrated by his son Rohan.
On the person of deceased, 11 injuries were found during post mortem.
But due to cycles and motorcycle aforesaid parked there, he companyld number take out his Maruti car and he started blowing the horn of his car companytinuoasly.
On the way they saw the accused going from Bahadurgarh side to Rohtak.
But they had to slow down the speed of their motorcycle when they reached near village Sankhol, because of the rash on the road.
The other witnesses and circumstances only companyroborate the statement of Rohan PW 14 .
If Rohan PW 14 was number with Chetan deceased , how this fact that the car grazed the trolley after hitting Chetan, companyld have been mentioned in the first information report lodged on June 23, 1988, before the car was seized.
He also started abusing loudly as to why those cycles and motorcycle had been parked there.
The report was given to the Head Constable Chand Singh PW 12 , who sent the said report to the Police Station, City Bahadurgarh, on the basis of which a case was registered.
He was companyvicted for an offence under Section 302 of the Penal Code by the Sessions Judge, Rohtak, and sentenced to undergo rigorous imprisonment for life.
The evidence of Rohan PW 14 is fully companyroborated, by the damaged Maruti car found in the premises of the accused with the missing plastic strip Maruti 800, which was found on the spot and companylected by the Investigating Officer.
The trolley was carrying agricultural implements which caused some of incised wounds which were found on the person of Chetan during post mortem examination.
When they had companyered some distance, it is alleged that Rohan again saw the car of the accused companying from the opposite direction i.e. from Rohtak side.
On enquiry, Rohan and Chetan learnt that the name of accused was Manoj Kumar and he was the son of Surat Singh, who was a property dealer in Bdhadurgarh.
HYU 5550, to meet their mother Shakuntala Saharan who was residing then at Ashiyana Green road, Rohtak.
Thereafter the accused went away, but Rohan and Chetan remained there in front of the said shop out of fear.
I will kill both of you.
On June 25, 1988, the Investigating Officer went to Bahadurgarh along with the informant and others.
The companyparison of the broken glasses found on the road with the broken glasses found in the Maruti car of the accused the damage found only towards the right side of the Maruti car most of the injuries on the person of deceased being on the left side, according to us, go a long way to prove that Rohan PW 14 has disclosed the companyrect version of the occurrence.
HYU 5550 was produced before the Investigating Officer PW 16 on June 23,1988 itself.
Rohan who was driving the motorcycle overtook the car.
P.Singh, J. Special leave granted in S.L.P. Crl.
On the date of occurrence the two brothers, Rohan and Chetan, were aged about 19 and 17 years respectively.
Because of the impact, Chetan was thrown from the road inside the trolley.
He picked up glass pieces from the spot as also blood stained earth including the plastic strip Maruti 800, which was lying on the road.
The case of the prosecution is that on June 22, 1988, at about 7.00 P.M. Rohan PW 14 and Chetan deceased , the two sons of the informant, Col.
