The central legal point established in the judgment is the requirement of reliable evidence to prove criminal charges beyond reasonable doubt.

JUDGMENT :

Surinder Singh, J.

The Learned Trial Court acquitted the respondent/accused for the offences punishable under Sections 279, 337, 338 and 304-A of the Indian Penal Code and also under Section 184 of the Motor Vehicles Act, 1988 in Cr. Case No. 104-I/97/ 272-II/97 decided on 13.9.2004. The State felt aggrieved by the acquittal of the respondent/accused, as such filed the present appeal.

2. Heard and gone through the evidence on record.

3. The case of the prosecution as emerges from the evidence on record can be stated thus. On 19.10.1996 at around 1:30 PM, a Haryana Roadways bus bearing registration No.HR-0-3-8681 was being driven by the respondent/accused allegedly in a rash and negligent manner and near the place known as Dhaliara, it rolled down and fell into a deep gorge causing simple as well as grievous injuries to its passengers, namely Santosh Kumari, Kehar Singh, Jagdish Singh, Rakesh, Tek Singh, Megh Raj, Rakesh, Sher Singh and also caused the death of Ms. Alka Devi. The injured were medically examined in the hospital. Their MLCs' were obtained by the police.

4. The grievous injuries were subject to the X-Ray. The police was informed about the accident. They reached the spot. The dead body of Ms. Alka was lying at the spot. The police prepared the inquest papers and autopsy of the dead body of said Ms. Alka Devi was performed.

5. The police took the photographs of the place of accident. The vehicle was also got mechanically examined. The police also prepared site plan of the place of the accident.

6. The respondent/accused was arrested and granted bail. After recording statements of the witnesses, Challan was prepared against the respondent/accused for the offences aforesaid and ultimately presented in the Court for his trial. On finding prima facie case against the respondent/ accused, he was accordingly charge-sheeted for the offences as mentioned above. The respondent/ accused pleaded not guilty and claimed trial, but thereafter he failed to put in appearance, as such, he was declared Proclaimed Offender and the evidence was recorded in his absence as per the provisions of Section 299 of the Code of Criminal Procedure.

7. The respondent/accused was apprehended and produced before the Learned Trial Court on 18.4.2004. The Learned Counsel for the accused/respondent agreed to examine the witnesses who were already examined in absence of the accused.

8. The respondent/accused was also examined under Section 313 of the Code of Criminal Procedure. He denied the allegations of rash and negligent driving of the bus by him. However, he pleaded innocence. According to him, the accident occurred due to the mechanical defect in the bus. In the cross examination of this witnesses, the specific stand taken by him is attributable to the steering lock, which resulted into the accident.

9. After appreciating the statements, no evidence in defence was led.

10. On conclusion of evidence, the Learned Trial Court held that the prosecution failed to prove the rash and negligent driving of the respondent/accused, as such, he was acquitted.

11. The evidence on record is re-appreciated by me. Legally, the statements of the witnesses examined in the absence of the respondent/accused, does not constitute any evidence. However, for the purpose of Section 299 of the Code of Criminal Procedure, when the accused has absconded, and that there is no immediate prospect of arresting him, the Court competent to [try or commit for trial] such person for the offence complained of, may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on the enquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of