Delhi District Court
Criminal Case/219/2003 on 1 December, 2011
FIR No. 219/2003 1 Police Station Alipur
IN THE COURT OF SH. MANISH GUPTA, ADDL. CHIEF
METROPOLITAN MAGISTRATE (OUTER DISTRICT), ROHINI
COURTS , DELHI
FIR No. 219/2003
Unique Case ID No. 02401R0274102003
Police Station Alipur
Under Section 279/338 of the Indian Penal Code
State v. Paramjeet Singh
JUDGEMENT
(a) Serial number of the case :959/2
(b)Date of the commission of the offence :01.07.2003
(c)Name of the complainant :Deepak Kumar, S/o Man
Bahadur, R/o Village
Sarivan, PS Thiyog,
District Shimla,
Himachal Pradesh.
(d)Name of the accused & address :Paramjeet Singh S/o Shri
Niranjan Singh, R/o
Panipat Tehsil, Camp
Bhadav Ram Colony, near
Shiv Mandir, District
Panipat, Haryana.
(e)Charge against the accused :279/338 IPC
(f)Plea of the accused :Pleaded not guilty
Contd.....
FIR No. 219/2003 2 Police Station Alipur
(g)Final order :Accused acquitted.
(h)Date of such order :01.12.2011
Date of Institution :22.09.2003
Date on which arguments heard and
Judgment reserved. :01.12.2011
Date of Judgment :01.12.2011
BRIEF STATEMENT OF THE REASONS FOR DECISION
1. Chargesheet in the present case was filed on behalf of the state on 22.9.2003 and after taking cognizance of the offence the accused was summoned and copies were supplied to him.
2. On 23.02.2005 a formal notice of accusation u/s 251 Cr.P.C. was framed against the accused.
3. The allegations against the accused are that on 1.7.2003 at about 1:15 PM at GTK Road at DSIDC turn and crossing towards border Delhi, within the jurisdiction of PS Alipur, the accused was found driving a car no. HR06G7338 in a manner so rash and negligent so as to endanger human life and personal safety of others and further while driving the said vehicle on the said date, time and place, in the Contd.....
FIR No. 219/2003 3 Police Station Alipur aforesaid manner the accused hit the said vehicle against truck no. HP092125 and also caused grievous injuries on the person of Deepak Bahadur and thus the accused committed an offence punishable u/s 279/338 IPC. The contents of the notice were read over and explained to the accused and after understanding the notice the accused pleaded not guilty and claimed trial.
4. The prosecution has examined PW1 ASI Devender, PW2 HC Naresh, PW3 Ct. Anil and PW4 SI Jai Kumar. The injured has not been examined in this case. As per report he was not traceable. Certificate of Gram Panchayat Office, Sarivan, Shimla, Himachal Pradesh was also received in this respect alongwith the summons and the said certificate was dated 17.10.2011. PE was closed today. There is no other eye witness in this case except the injured.
5. I have heard final arguments today and perused the record.
6. PW1 is the formal witness who mechanically inspected the offending vehicle bearing no. HR06G7338.
7. PW2 is the duty officer who proved the FIR in question.
Contd.....
FIR No. 219/2003 4 Police Station Alipur
8. PW3 and PW4 are the official witnesses. PW4 is the IO of the case.
9. PW3 stated that on 1.7.2003 he was posted at police station Alipur and on that day on receiving DD No. 12A, he alongwith ASI Jai Kumar reached at the spot. PW4 stated that on 1.7.2003 he was posted at police station Alipur as ASI and on that day information vide DD No. 12A was received regarding accident at GTK Road, near DSIDC Crossing and after receiving the copy of DD, he alongwith Ct. Anil Kumar had reached at the informed place. Since the material witness i.e. injured in this case has not been examined, therefore, the case of the prosecution has not been proved on record and due to this reason the testimony of PW3 and PW4 is not being discussed herein in detail.
10.The memorandum of statement of accused was recorded u/s 281 Cr.P.C. wherein all the incriminating evidence appearing against the accused was put to him to which the accused denied. Accused denied that on 1.7.2003 at about 1:15 PM at DSIDC Crossing, GTK Road, he was driving a Qualis car bearing no. HR06G7338 in rash and negligent manner and had struck the same against a person namely Deepak. Accused stated that he is innocent and has been falsely Contd.....
FIR No. 219/2003 5 Police Station Alipur implicated in this case. Accused opted not to lead any defence evidence.
11. In view of above detailed facts and circumstances, since the injured has not been examined in this case and there is no other eye witness, therefore, the case of the prosecution remains unproved. Accordingly, accused Paramjeet Singh S/o Shri Niranjan is hereby acquitted of the charge framed in the present case u/s 279/338 IPC. His bail bonds stands cancelled. Surety discharged. Endorsement, if any, on the documents of the surety be cancelled. File be consigned to record room after completing the necessary formalities. Passed and announced in the open court today i.e. 01.12.2011 (MANISH GUPTA) ADDL. CHIEF METROPOLITAN MAGISTRATE (OUTER DISTRICT) ROHINI COURTS, DELHI Contd.....