State vs . Ravi Verma on 20 February, 2016
12. Further it has come during cross examination of PW1 that there
was an iron over bridge where the accident took place. However as
FIR No. 420/11 State Vs Ravi Verma
Page No. -5- of 5
per the witness, she could not take the stairs as she is suffering from
heart problem. Therefore, it is clear that witness had opted not to
cross the road by the over bridge specifically provided for the purpose
due to her medical condition. The accused, in my view could not have
anticipated that a pedestrian would not use the over bridge
specifically meant for the purpose and instead take the risk of using
the road for crossing purpose due to her medical condition. Therefore,
no fault can be attributed to accused on this count.