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.
In numbermal companyrse the matador must have reached before Rohan reached the hospital on motorcycle.
Thereafter there was exchange of hot words between them.
The accused was put on trial.
On companyparison and the examination, the export gave the opinion that the broken pieces of glass found on the road, were of Maruti Car No.
Then he blew the horn twice or thrice.
It was too much to expect from him that before his father arrived, he would have taken legal steps for prosecuting the respondent.
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 asked the driver of the matador to take his brother to hospital.
The car of the accused was seized on June 25, 1988.
In the meantime, the accused Manoj Kumar came and sat in his car aforesaid.
Rohan PW 14 is the sole eye witness of the fetal knock down, by the accused, But, that cannot be held to be an infirmity of the prosecution case.
The motive, as well as the genesis of the occurrence have been virtually admitted by the defence.
HYO 5550, to meet their mother Shakuntala Saharan who was residing then at Ashiyana Green Road, Rohtak.
The first information report was lodged at about 11.15 A.M. on June 23, 1988, by the father of the victim.
The Investigating Officer got the Maruti car photographed and sent the accused for medical examination as he was having injuries on his person.
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.
In the meanwhile, Chetan came down from the motorcycle and wanted to go behind the tractor trolley to take shelter.
From inside the car, broken pieces of glass and stains of blood were recovered which were seized and put into sealed parcels.
Because of the impact, Chetan was thrown from the road inside the trolley.
Rohan who was driving the motorcycle overtook the car.
He also stated that after hitting Chetan by the right side bonnet of the car, accused proceeded ahead grazing with the tractor and trolley.
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.
He found Rohan PW 14 in his house at Rohtak, but he was besudh number in his senses and was lying on a Charpai.
HYU 9808.
The special feature of the case is, that accused in his statement under Section 313 of CrPC admitted that his Maruti car was standing at the shop of one Juice seller at Bahadurgarh.
This was mainly due to the car grazing with the trolley.
The accused repeated, Come outside.
The accused threatened both of them saying, Come out of Bahadurgarh.
HYU 9808 was parked and the two sons of the informant parked their motorcycle in front of the said car.
When he returned to the car, he found a motorcycle was parked in front of his car.
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 the Chetan and caused injuries, and as to how ultimately the accused knocked down Chetan on road by his car with great force.
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 distance between the place of occurrence and the hospital is about 35 Kms.
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.
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.
The car was badly damaged on the right side.
He was thrown on the trolley.
He picked up glass piece from the spot as also blood stained earth including the plastic strip Maruti 800, which was lying on the road.
Ajit Singh Saharan the father of the victim was informed, who proceeded from Delhi to Rohtak.
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 companytinuously.
Rohan took the motorcycle on the kachha portion of the road on the left side and stopped it.
Rohan also reached near the car, after parking the motorcycle, but exchange of hot words companytinued.
Chetan was put in the matador and Rohan followed the matador on his motorcycle.
Both the brothers again started towards Rohtak on their motorcycle.
It is said that Rohan, because of the shock, virtually remained unconscious throughout the night and at 9.00 A.M. he started narrating the details of the occurrence, to his father, the informant.
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.
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.
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.
When the car of the accused proceeded towards Rohtak, they again started from there on their motorcycle.
There was exchange of hot words.
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.
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.
Chetan reached hospital at 9.30 P.M. and after half an hour he was declared dead.
Rohan followed the said matador, on motorcycle.
The motorcycle bearing No.
Thereafter the accused went away, but Rohan and Chetan remained there in front of the said shop out of fear.
The Investigating Officer also got the car and the motorcycle mechanically examined by a motor mechanic.
The clothes of the accused were also seized.
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.
After sometime, they started on them motorcycle for Rohtak.
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 Bahadurgarh.
HYU 5550 was produced before the Investigation Officer PW 16 on June 23.1988 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.
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.
On the date of occurrence the two brothers, Rohan and Chetan, were aged about 19 and 17 years respectively.
On the way they saw the accused going from Bahadurgarh side to Rohtak.
Thereafter the car proceeded in great speed grazing with the tractor trulley.
HYU 9808.
He also started abusing loudly as to why those cycles and motorcycle had been parked there.
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.
I will see you.
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.
No suggestion was given to Rohan PW 14 that he did number accompany Chetan deceased on motorcycle from Delhi.
After investigation, report under Section 173 of the CrPC was filed.
The accused hit Chetan who was on the road by the right side of his car with force.
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 admitted that at Village Sankhol somebody threw a stone at his car.
On this, Chetan climbed on the road divider and threw a stone on the said car.
I will kill both of you.
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.
On the person of deceased, 11 injuries were found during postmortem.
From a bare reading of the evidence of Rohan PW 14 , it shall appear that he has deposed in a very straight forward manner, giving every detail of the incident and as to how the accused respondent made repeated attempts to crush them on the road, because of the altercation at Bahadurgarh.
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.
The car of the accused was going at a slow speed.
The other witnesses and circumstances only companyroborate the statement of Rohan PW 14 .
As Chetan had climbed on the road divider, the car went towards the Bahadurgarh at a fast speed.
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.
Thereafter a boy there who abused him saying as to why he was in a hurry.
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.
The trolley was carrying agricultural implements which caused some of incised wounds which were found on the person of Chetan during post mortem examination.
They stopped at Bahadurgarh on the way at about 7.45 P.M. at a shop for refreshment.
Out of fear they stopped the motorcycle on the side of the road, in front of a tractor trolley to save themselves.
Rohan sic down number of the said car.
The Investigating Officer PW 16 reached the place of occurrence.
P. Singh, J. Special leave granted in S.L.P. Crl.
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.
293 of 1993.
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.
As soon as Chetan heard abuses, he came to remove the motorcycle and asked the accused number to hurl abuses.
But they had to slow down the speed of their motorcycle when they reached near village Sankhol, because of the rush on the road.
Seeing the serious companydition of Chetan , Rohan stopped a matador, driven by one Vinod Kumar of Rohtak and asked him to take to the hospital because his brothers companydition was serious.
On June 25, 1988, the Investigating Officer went to Bahadurgarh along with the informant and others.
Ajit Singh Saharan PW 13 , started for Rohtak, from the residence of the informant at New Delhi on a motorcycle bearing No.
