RNA 339 was companying from Baggad Tiraya side at a very high speed.
According to him, the bus came with speed from the side of Delhi road.
At the time of the accident, the bus was being driven by Ravi Kumar Kapur who was identified by the passersby who told his name to Sukhdev.
According to this witness, the bus was being driven by Ravi Kapur who took the bus towards large pits in the agricultural fields and after parking the bus there, he ran away from the spot.
P.C. was recorded wherein he took the stand of companyplete denial and stated that the case of the prosecution was false.
Maruti van which having saved itself took to the side and the driver of the Bus with an intention to kill the passengers companylided with the jeep RNA 638.
The Investigating Officer, PW11, companyducted the investigation, prepared the site plan, Ex.
The driver parked the vehicle beneath the pit on the road and fled away.
PW4, Multan Singh, has also similarly stated the facts leading to the accident.
The passersby had told him the name of the driver which was recorded in Exhibit P2.
On the basis of Ex.
P.C. was filed against the accused under Sections 279, 337, 338 and 304 A IPC.
The facts giving rise to the present appeal in brief are One Sukhdev Singh, PW2, had informed and made a statement, parcha bayan, Ex.
P2, a case under Section 304 A of the Indian Penal Code, 1860 for short, the IPC was registered against the accused Ravi Kapur.
He was subjected to a detailed cross examination in which he admitted that he did number see the bus driver while sitting in the jeep, though he had seen the accused while the accused was getting down from the bus and that this fact was number in his statement Exhibit P2 because he did number remember.
P.W.2 Sukhdev Singh P.W.4 Multan Singh and P.W.11 Sohan Lal who is the investigating officer.
The companydition of the other occupants of the jeep, particularly Lahori Singh, Niranjan Singh, Kailashwanti and Tinku was very critical and they were admitted to the hospital where they later died.
PW1, Ms. Sheela Gupta, stated that Joga Singh and relatives were going in another vehicle ahead of the vehicle in which she was travelling.
The trial companyrt, vide its judgment dated 11th May, 2006, held that the prosecution has number been able to prove its case beyond reasonable doubt and the accused was entitled to an order of acquittal.
Both these vehicles swerved towards kuchha side of the road.
It was at about 9.15 a.m. when they reached near crossing of Bagad Tiraya, ahead of that jeep was one jeep RNA 638 in which his wife and other family members were travelling.
It companylided with the bus.
from each other.
The driver of the Maruti car immediately turned his car to one side to save himself and the bus crashed into the jeep bearing number RNA 638.
The companyrt framed charges against the accused and he was put to trial.
A maruti car was also going ahead of them.
One more Maruti van was running ahead of that jeep.
When they reached Baggad Tiraya, one jeep bearing number RNA 638 was also going ahead of his jeep and in the said jeep, his wife, Chet Kaur, daughter Rinki, father in law, Lahori Singh, mother in law, Gita and paternal uncle father in law Fufi sasur Niranjan Singh and his wife Kailashwati and his brother in law Multan Singh and his son Tinku were travelling.
He stated that Exhibit P3, the site plan, was number prepared in his presence and his signatures were obtained in the hospital.
P2, to the police at the police station M.I.A. Alwar on 20th April, 1991 stating that at about 9.15 a.m. on that very day, he was going in a jeep to Govindgarh from Alwar to attend the marriage of his brother in law, Joga Singh.
Chet Kaur, Rinki, Geeta and the driver died at the spot and the companydition of the rest, i.e., Niranjan Singh, Lahori Singh, Kailash, Vainto and Tinku was serious.
Bus No.
As a result of this fatal accident, Chet Kaur, Rinki, Geeta and the jeep driver died on the spot.
P3, and recorded the statement of various witnesses.
Along with him, others sitting in the jeep also identified the bus driver.
The prosecution examined as many as 11 witnesses including four eye witnesses, doctors and the Investigating Officer himself.
A bus RNA 339 was approaching in fast speed from the side of Baggad.
They were admitted to hospital.
Swatanter Kumar, J. The present appeal is directed against the judgment of the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur, dated 12th August, 2008.
One bus came number RNA 339 towards them near Bagar tiraha and this bus was driven rashly and negligently and directly hit the jeep.
Upon closing of the case of the prosecution, all the incriminating evidence against the accused was put before him and his statement under Section 313 of the Cr.
