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of which, wall collapsed and bricks fell on complainant Ratku Ram and his wife Bhimi Devi. Allegedly, the accused while reversing the .

vehicle, hit the wall. Complainant and his wife were rushed by the accused to the private hospital at Shamshi, for their treatment.

(complainant Ratku Ram) and PW-8 Bhimi Devi, wife of complainant, suffered simple as well as grievous injuries, after being hit by bricks fallen from the collapsed wall but having carefully perused the statements of material prosecution witnesses, this court is persuaded to agree with the contention of Mr. Abhishek Raj, learned counsel representing the accused that there is no cogent and convincing evidence adduced on record by the prosecution to prove rash and negligent act, if any, on the part of accused, while reversing the vehicle. Though, PW-3 and PW-8, who happened to be victims of alleged accident, have stated that they suffered injuries on their persons i.e. foot of complainant and shoulder of PW-8 Bhimi Devi on account of collapse of the wall but they have not stated anything specific that the wall collapsed on account of negligent act, if any, of accused, rather, PW-3 (complainant) in his cross-examination has admitted that the vehicle being driven by accused struck against outer side of wall.

This witness, who was victim, though turned hostile, but even in his cross-examination, prosecution was not able to extract anything contrary to what he stated in his examination-in-chief.

Similarly, another victim, PW-8 Bhimi Devi feigned ignorance with regard to mode and manner of accident. She simply stated that she suffered injury after being hit by bricks fallen from the collapsed wall. She categorically stated in her cross-examination that she .

does not know that due to whose fault, wall collapsed. PW-6, Mehar Chand, so called independent witness, associated by prosecution also not supported case of prosecution. Though this witness deposed that the wall collapsed after being hit by jeep but he nowhere stated that at that time vehicle/jeep was being driven rashly and negligently by the accused. Though this witness stated that he had seen the jeep coming towards wall, but he nowhere stated that he had signalled the driver to stop the vehicle.