Criminal Case/570/2005 on 23 July, 2013
6. In the instant case the prosecution has examined 07 witnesses
and out of them PW2 Sh. Manjeet Singh is the most important and
vital witness being the complainant of the incident. PW2 has failed to
identify the accused to be the perpetrator of the present offence. On
the other hand, he stated that he had not seen the accident and his
statement was not recorded. Only his signatures were obtained. He
usually signs anywhere. He did not know the spot where the accident
FIR No. 570/05 State v. Jagir Singh Page No. 5 of 7
had occurred. He denied to have taken the injured in his truck to the
hospital. He stated not to be present on the spot. He stated he does not
even know the name of the deceased. He was cross examined by Ld.
APP for the State but despite that nothing incriminating against the
accused could be extracted from his testimony. The prosecution
through the testimony of PW2 was to prove the incident of rashness or
negligence to take proper care on the part of the accused while driving
beyond any reasonable doubt. However, he did not state anything
against the accused. Thus, merely by establishing the incident, the
accused cannot be convicted unless he is stated to be the culprit of the
said offence.