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5. PW2 is Shri Niwas s/o Hoshiar Singh R/o Village Katlupur, PS Rai, Sonepat, Haryana. He was driver of three wheeler and complainant in the present case. He deposed that on 30.11.01 at about 7.15 am, when he alongwith his relative passengers were going to Yamuna Ghat and reached near the crossing after passing through Narela Paposian, a half body truck coming from the side of Ramdev Marg at a very high speed from the wrong side and hit the TSR. He further deposed that the FIR No. 448/01 PS Narela U/s. 279/337/338 IPC State Vs. Sukhvir Singh number of that truck was HR-46A-3089 and when that truck hit his TSR, it turned towards right side and the passengers received injuries. Police came at the spot and injured were shift to hospital by PCR van. He deposed that the accident was caused due to the negligence of the truck driver and proved his statement made before the police as Ex.PW2/A. He further stated that his photographs were also got done by the police which were Mark A1 to Mark A4. He also correctly identified the driver of said truck and proved the seizure memo of truck as Ex.PW2/B, arrest and personal search memos of accused as Ex.PW2/C and Ex.PW2/D and seizure memo of his TSR as Ex.PW2/E. During his cross examination by Ld. defence counsel, he deposed that he was auto driver by profession and 15-16 passengers were sitting in his TSR on the day of the incident. His bhabi Smt. Bimla alongwith two kids were sitting adjacent to him in the TSR. It was not dense fog on that day. The width of the road where the accident had occurred is about 10-12 feet. At the time of accident, he was slowing down his TSR as there was a turning point. Vehicles were coming in speed due to which he tried to slow down his vehicle. He further deposed that the truck was coming at a very high speed. It might be around 40-50 km/hr. His TSR was firstly hit by the bumper of the truck then the batta/body of the truck hit his TSR, due to which his TSR turned turtle. His TSR was dragged due to the impact for about 10 feet. 10-12 persons can sit in a TSR. He admitted that as per rule, 8 persons can sit in a TSR but denied the suggestion that the accident had occurred due to being overloaded. He further denied the suggestion that he was unable to see the side of the road, due to which accident had occurred or that ladies and children were singing in the TSR or FIR No. 448/01 PS Narela U/s. 279/337/338 IPC State Vs. Sukhvir Singh that he was also enjoying the same due to which accident had occurred.

6. PW3 is Smt. Rajwanti w/o Sukhbir R/o Village Katlupur, PS Rai, Sonepat, Haryana. She is one of the injured and eye witness of the accident. She deposed that on 30.11.01 she alongwith some ladies and children of their village were going to take Holy bath in Yamuna River Ghat in a TSR which was being driven by Shri Niwas and at about 7:15a.m., when their TSR reached Mata Mansa Devi Marg, a half body truck bearing no. HR-46A-3089 came from the side of Ram Dev Marg being driven in a rash and negligent manner and at a fast speed and hit their TSR because of which it turned turtle. She further deposed that the passengers including her received injuries but she could not see the driver of the offending truck. During her cross examination by Ld. Defence counsel, she deposed that around 12-15 passengers were sitting in the TSR. She denied that the TSR turned turtle as it was over loaded and that the driver of TSR was driving the same in rash manner. She denied that she has deposed falsely.

7. PW4 is Smt. Prem Lata w/o Sh. Rajender R/o Village Katlupur, PS Rai, Sonepat, Haryana. She is also the injured and one of the passengers in the TSR. She deposed that on 30.11.01 she alongwith some ladies and children of their village were going to take Holy bath in Yamuna River Ghat in a TSR which was being driven by Shri Niwas and at about 7:15a.m., when their TSR reached Mata Mansa Devi Marg, a half body truck bearing no. HR-46A-3089 came from the side of Ram Dev Marg being driven in a rash and negligent manner and at a fast speed and hit their TSR because of which it turned turtle. She further FIR No. 448/01 PS Narela U/s. 279/337/338 IPC State Vs. Sukhvir Singh deposed that the passengers including her received injuries but she could not see the driver of the offending truck. During her cross examination by Ld. Defence counsel, she stated that she was sitting in the middle on the rear seat of the auto and on both her sides, ladies and other children were seating. She further deposed that since she was singing Bhajans with other ladies she had not seen the vehicle coming on the road. She did not know as to how the accident had happened.

12. PW9 is of Smt. Bimla, W/o. Sh. Phool Kumar, R/o. Village Khatrupur, District Sonepat, Haryana. She also deposed on the similar lines of PW8 Kela, hence, her testimony is not repeated for the sake of brevity and repetition.

13. PW10 is Sh. Johny, S/o Sh. Mahender, Age 18 years, R/o Village & Post Office Raipur, District Sonepat, Haryana. He was also one of the injured passenger but deposed that he was a student and did not remember the exact date, month and year. He further deposed that on that day, they were going in a TSR when an accident took place and he received injuries. Nothing incriminating against accused come out from the mouth of this witness during his cross examination by Ld. APP for the State. This witness was not cross-examined by accused FIR No. 448/01 PS Narela U/s. 279/337/338 IPC State Vs. Sukhvir Singh despite opportunity given to the accused.