State vs Kishori Lal on 1 February, 2011
5. Heard the ld. APP for the State and ld. defence counsel for
the accused and perused the record carefully. Ld. defence counsel
would contend that the accused has been falsely implicated as the
complainant / injured were from the Air Force and thus exercised their
official influence upon the Police to falsely implicate the accused who
was present with his TSR at the relevant time and the spot. Ld. defence
counsel would further contend that the nature of injury as sustained by
complainant Anil and injured Arvind will not be of such description as
given in their MLCs Ex.C1 and C2 merely because of the hitting of their
State vs. Kishori Lal FIR No. 321/00, PS Trilok Puri Page No. 8 of 12
twowheeler scooter by the sudden turn of TSR by the accused unless
and until the two wheeler scooter driver was driving the scooter at a fast
speed and in a negligent manner. Ld. defence counsel would further
contend that there was no opportunity for the complainant Anil and the
injured Arvind to identify the accused at the spot as by the time the
accused is alleged to have been apprehended, both the complainant
and the injured have already been shifted to the LBS Hospital, therefore
their identification of accused at the Hospital when the accused was
produced before them by the Police cannot be said to be free from
doubt and suspicion. Ld. defence counsel would further contend that
the complainant and injured being officials of Air Force and the only
other eye witness namely PW5 Ct. Santosh examined by the
prosecution being a Police official and no independent public witness
having been joined, the prosecution case cannot be said to be full proof
against the accused. Ld. APP, on the other hand, would contend that
through the unrebutted testimony of complainant PW2 Anil Kumar, the
testimony of injured PW4 Arvind and of the independent witness PW5
Ct. Santosh, prosecution has conclusively established that complainant
as well as the injured sustained injuries on the person due to rash and
negligent driving of the TSR by accused.