Delhi District Court
State vs Sanjay Bhatnagar (Page 1 Of 11) on 9 February, 2011
(P/1)
FIR NO. 46/2004
u/s 279/304 A IPC.
P.S. Palam Airport
IN THE COURT OF SH RAJESH KUMAR GOEL
ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE -02 , DWARKA
COURTS : NEW DELHI
FIR NO. 46/2004
u/s 279/304 A IPC.
P.S. Palam Airport
Date of institution : 13.12.2004
Date of final argument : 09.02.2011
Date of final order : 09.02.2011
JUDGMENT:
A SL NO. OF THE CASE : 02403RO677512004
B: DATE OF OFFENCE : 21.10.2004
C: NAME OF THE : Sh Rajeev Swaroop
COMPLAINANT
D: NAME OF THE : Sh Sanjay Bhatnagar
ACCUSED s/o Mahender Prashad Bhatnagar r/o
301, Vasant Enclave, New Delhi.
E: OFFENCE : U/S 279/304 A IPC .
COMPLAINED OFF
F: PLEA OF ACCUSED : PLEADED NOT
GUILTY
G: FINAL ORDER : Acquitted.
State vs Sanjay Bhatnagar (page 1 of 11)
(P/2)
FIR NO. 46/2004
u/s 279/304 A IPC.
P.S. Palam Airport
H: DATE OF SUCH : 09.2.2011
ORDER
BRIEF REASONS FOR DECISION:
1. Accused is facing trial on the allegations of the prosecution that on 21.10.2004 at about 5:35 am at Bay no. 29 Apron area of IGIA Airport Terminal I within the jurisdiction of P.S Palam Airport , he was found driving passenger coach no. PB 08 WT 3430 in rash or negligent manner so as to endanger human life and public safety of others and while driving the said vehicle in the above said manner he struck against one Balbir Singh,who was sitting on Bay no. 29, due to which he expired.
2. After investigation the challan was filed. Prima facie case U/s 279/304 A IPC made out against the accused. After compliance of section 207 Cr.P.C , he was served with the notice u/s 251 CrPC accordingly by the Ld. Predecessor of this Court to which he pleaded not guilty and claimed to be tried.
State vs Sanjay Bhatnagar (page 2 of 11)
(P/3)
FIR NO. 46/2004
u/s 279/304 A IPC.
P.S. Palam Airport
3. In support of its case prosecution has examined
twenty witnesses.
4. PW1 Sh Rajeev Swaroop is the complainant and
alleged eye witness to the accident. PW2 Sh Pramod Dobhal was posted as security officer who deposed that on 21.10.2004 at about 5:05 am he was relived by Sh Balbir Singh . PW3 Dr. S. Ram Kiran deposed that on receipt of a call regarding accident , he reached at the spot and found Mr. Balbir Singh injured . He was not having any pulse and was almost dead. Injured was handed over to the police and he prepared death certificate ExPW3/B.
5. PW4 Sh Ajit Kalkale deposed that on the relevant day he was on duty on bay no.30 and he was relieved at 5:00 am by Sh Rajeev Swaroop. PW5 Sh Azad Singh deposed that he received the dead body of the deceased vide ExPW5/A. PW6 Retd Col. R.P Segan deposed that on the relevant day he received an information that one security officer had been crushed by the passenger coach of Jet State vs Sanjay Bhatnagar (page 3 of 11) (P/4) FIR NO. 46/2004 u/s 279/304 A IPC.
P.S. Palam Airport Airways. He rushed to the spot and saw that security officer Balbir Singh was lying dead and he identified him as security officer.
6. PW 7 Sh Rambir took the photographs mark A1 to A 6 of the spot . PW8 Sh Ranbir received the dead body of the deceased vide ExPw5/A. PW9 Govind Mishra deposed that in the year 2004 , he was working as Apron Manager at Airport Authority of India and on 21.10.2004, the offending passenger coach was being driven by the accused Sanjay Bhatnagar. He gave the letter ExPW9/A.
7. PW10 Retd. S.I Suresh Chand mechanically inspected the offending vehicle and gave report ExPW11/A. Pw11 HC Satbir Singh was alongwith IO . PW12 Surender Vaid deposed that accused Sanjay Bhatnagar was driving the aforesaid bus on the day of incident. PW13 Sh Ashok Banswal was posted as Airport Manager during relevant time at Airport Authority of India . He has not supported the case of the prosecution and he was cross examined by he ld APP for the state.
State vs Sanjay Bhatnagar (page 4 of 11)
(P/5)
FIR NO. 46/2004
u/s 279/304 A IPC.
P.S. Palam Airport
8. PW14 H.C Ram Kishan deposed that in the intervening night of 2021.10.2004, at about 6:30 am he received information from Airport Manager control room , Domestic Airport about the accident at Bay no. 29 about the death of a person in that accident . He filled up the form and sent the same through the net and the PCR Van was sent there. PW15 HC Dev Dutt deposed that he recorded DD no. 37 on the relevant day and copy of the same is ExPW15/A.
9. Pw16 Retd SI Bhopal Singh is formal witness. Pw17 Ms Kamini Dangra proved the P.M report ExPW17/B . PW18 HC Mahesh Kumar is the duty officer who proved the registration of FIR vide ExPW18/A. PW19 ASI Ashok Kumar is the witness who accompanied the IO during investigation. PW20 S.I Rambir Singh is the IO who carried out the investigation.
10. Thereafter prosecution evidence was closed and statement of accused u/s 313 Cr.PC was recorded . Accused did not opt to lead any evidence in his defence.
State vs Sanjay Bhatnagar (page 5 of 11)
(P/6)
FIR NO. 46/2004
u/s 279/304 A IPC.
P.S. Palam Airport
11. I have perused the record and heard the Ld. APP for the state and the ld counsel for the accused .
12. For the offence u/s 279/304 A IPC the following ingredients are required to be proved:
i) Driving of a vehicle , or riding on a public way.
ii) Such driving or riding must be so rash or negligent as to endanger human life or to be likely to cause hurt or injury to any other person.
iii) Through that act of rash and negligent , death should have taken place.
13. During the statement u/s 313 CrPC , accused termed it to be correct that on 21.10.2004 , at about 5:35 am at Bay no. 29 Apron Area of IGI Airport terminal I, he was driving the offending vehicle and accident took place due to which one Balbir Singh expired. The only defence of the accused was that he was not rash or negligent in his driving. Although, prosecution has examined twenty witnesses to prove that accused was driving the vehicle in rash or negligent manner but PW1 Sh Rajeev Swaroop is the only material witness and alleged State vs Sanjay Bhatnagar (page 6 of 11) (P/7) FIR NO. 46/2004 u/s 279/304 A IPC.
P.S. Palam Airport eye witness in this regard . Another witness , whose testimony may be relevant , is PW7 Rambir who had taken the photograph of the spot.
14. Other witness are admittedly not the eye witnesses.
Their testimonies are not relevant to decide if the accused was driving the vehicle in rash or negligent manner . Accordingly, in these circumstances, no purpose would be served by discussing their testimonies, as it has already been admitted by the accused that accident took place and he was driving the offending vehicle. He has also not disputed the death of one Balbir Singh due to the said accident.
15. That being so , the prosecution was under obligation to prove that accused was driving the offending vehicle in rash or negligent manner.
16. PW1 deposed that on 21.10.2004, he was allocated his duties at Bay no.30 to relieve Mr. Ajit Kalkal . Security officer Balbir Singh ( deceased) also came on duty at Bay no.29 and he relieved Mr. State vs Sanjay Bhatnagar (page 7 of 11) (P/8) FIR NO. 46/2004 u/s 279/304 A IPC.
P.S. Palam Airport Pramod Dubbal. PW1 further deposed that he was making conversation with Balbir Singh. At about 5:35 am, one passenger coach bearing no. PB08WT3430 came there and dragged Mr. Balbir Singh. PW1 just escaped but Balbir had died. He raised an alarm . He apprehended the accused and took his PIC. Later on police came at the spot and recorded his statement. PW1 was cross examined by the ld APP for the state and ld counsel for the accused.
17. During his cross examination, he admitted that his statement ExPW1/A was recorded at Police station and all the memo's were signed by him at the police station. He further stated that there is a little gap of about 4 feet between the Bay where the aircraft is parked and the vehicular lane at that particular spot and there is a blind curve at the spot. He further admitted that during that particular moment there was no light at the spot.
18. If the testimony of PW1 is put to close scrutiny , it becomes crystal clear that same is not sufficient to hold that the accused State vs Sanjay Bhatnagar (page 8 of 11) (P/9) FIR NO. 46/2004 u/s 279/304 A IPC.
P.S. Palam Airport was driving the vehicle in rash or negligent manner. The accident had taken place in the morning hours of 21.10.2004 i.e at about 5:35 am. It has come on record that there was no light. During the statement recorded u/s 313 CrPC , accused replied that the deceased was sitting in the middle of the road and there was a C turn and there was darkness. He further replied that he was driving the offending vehicle on vehicular line.
19. The aforesaid plea of the accused finds support from the testimony of PW1 who is the only material witness . As aforesaid stated , during his cross examination, PW1 stated that there was a little gap of about 4 feet between the Bay where the aircraft is parked and the vehicular lane and there was no light at the spot . He has also admitted that there is blind curve at the spot. He proved his complaint ExPW1/A. A careful examination of the ExPW1/A complaint shows that in the said complaint it has been mentioned by the PW1 Rajeev Swarop that deceased was sitting on the floor. This all shows that deceased himself was at fault and the accident in question cannot be burdened upon the State vs Sanjay Bhatnagar (page 9 of 11) (P/10) FIR NO. 46/2004 u/s 279/304 A IPC.
P.S. Palam Airport accused. Prosecution has miserably failed to prove that the act of the accused was proximate cause of the accident in question due to which one Balbir Singh expired.
20. Although, the prosecution has filed the photograph of the spot but those photographs do not explain the mode and manner of the accident and it only shows that offending vehicle was involved in the accident, which fact has already been admitted by the accused himself .
21. There is nothing on record to establish that the accused drove the vehicle rashly or negligently or did any act which would amount to a rash or negligent act. The prosecution has miserably failed to prove this part of the ingredients of the section .
22. Keeping in view the above observation , facts and circumstances of the case , I hold that prosecution has failed miserably to prove its case beyond shadow of doubt against the accused . Thus, I am left with no option but to acquit the accused. Accused Sanjay Bhatnagar State vs Sanjay Bhatnagar (page 10 of 11) (P/11) FIR NO. 46/2004 u/s 279/304 A IPC.
P.S. Palam Airport ,therefore stands acquitted from the notice u/s 279/304 A IPC . His bail bond cancelled and surety stands discharged.
23. File be consigned to record room.
(RAJESH KUMAR GOEL) ACMM02/DWARKA ANNOUNCED IN the OPEN COURT TODAY I.E 09.2.2011 State vs Sanjay Bhatnagar (page 11 of 11)