Kishan Lal vs . State on 28 November, 2014
5. Per contra, learned Additional Public Prosecutor refuted the
said contentions by arguing sagaciously that since PW5 had sustained
injury, there is no reason to disbelieve his testimony. It was further
CA No. 41/2012 Page No. 3 of 14
Kishan Lal vs. State
contended that brother of PW5 was also standing at the bus terminal, Karol
Bagh and he had also witnessed the incident. Thus, prosecution has
succeeded to prove that it was the appellant who was driving the bus at the
time of accident. It was further contended that since the appellant had
turned the bus towards right side all of sudden at high speed without giving
any indication, appellant had acted rashly and negligently. It was submitted
that it was the duty of the appellant to use indicator before changing the
lane and he should not have taken the turn at high speed without seeing
whether any vehicle was coming behind or not.