The State Of Bihar vs Md. Nafis Nawaz Khan on 30 November, 2018
The
mechanical inspection report of the offending vehicle Ex. PW11/B also shows
that there were scratch marks on the steeping wheel of the offending vehicle
FIR No. 49/2010 State Vs Mohd. Nafish 6/8
and thus clearly, the accused was not driving his vehicle in his lane and he
even did not stop after seeing the deceased fell on the ground as a result of his
overtake of the motorcycle. The perusal of the site plan Ex. PW13/B which
has not been disputed by the defence, also shows that the offending vehicle
was being driven in the middle of the road at point D and the deceased
motorcycle and the body were lying at point A which is around 18.1 feet from
the road and thus clearly the offending vehicle was not being driven in his
lane that is the extreme left lane which is meant for driving of heavy vehicle
like the present offending vehicle. If we believe the story of the accused that
he was driving his vehicle in his left lane this court fails to understand how
there were scratch marks on the left side of the stephy wheel of the offending
vehicle and the right side of the deceased motorcycle. It is only possible when
the offending vehicle overtook the deceased motorcycle from left and as a
result he hit the deceased on the right side of deceased motorcycle and the
said motorcycle hit the left stephy wheel of the offending vehicle which is the
case in the present matter as it appears from the testimony of PW4, PW7 and
perusal of site plan Ex. PW13/B and mechanical inspection reports PW11/B
and PW11/A. The defence of accused can not be admitted by this court
without any corroboration as the PW4 and PW7 have clearly in their
respective testimony stated how present accident occurred due to fault of
accused and this court see no good reason to doubt the testimony of the said
two witnesses.