Delhi District Court
State vs Amit Kumar on 24 February, 2010
1
IN THE COURT OF MS KIRAN BANSAL
ADDL. CHIEF METROPOLITAN MAGISTRATE III: SOUTH DISTT.
PATIALA HOUSE COURTS :NEW DELHI
State v/s Amit Kumar
PS: Mehrauli
FIR No: 229/04
U/s: 279/337 IPC
JUDGMENT
a) Sr number of the case : 298/2
b) Date of commission of offence : 13.04.04
c) Name of complainant , if any : Rahim
S/o Sh.Rafiq
d) Name & address of accused : Amit Kumar
S/o Sh. Badam Chauhan
R/o 50195, Dakshin Puri, Ambedkar
Nagar, New delhi.
e) The offence complained of : U/s 279/337 IPC
f) The plea of accused : Pleaded not guilty.
g) Final order : Acquitted
h) The date when reserved for
orders : Not reserved.
i) The date of such order : 24.02.2010.
BRIEF STATEMENT OF THE REASONS FOR THE DECISION:-
1. The facts of the present case have been disclosed in the complaint of the complainant that on 13.04.04, at about 09.20 AM, at Crossing Bhati Mines Road, Bandh Road, Gadaipur, New Delhi, the accused was driving the vehicle No. DL 1 V 2 8369, in a manner so rashlyor negligently so as to endanger human life and personal safety of others and while driving the said vehicle in the said manner , the aforesaid vehicle being driven by the accused, turned turtle, as a result of which the accused caused simple injuries to Aman, Devi Prasad, Madan Lal, Mohd. Karmal, Shamsher, Mohd. Khunhid, Jitender Yadav, Mushtaq, Upender Kumar, Om Prakash, Beeru lal, Karim, Anil, Rahim, Chhote Lal , Kuldeep, Parvez , Abhay Kumar Tiwari and Shehzad etc. And thus, thereby the accused has committed offence punishable U/s 279/337 IPC.
2. On the complaint of the complainant FIR U/s 279/337 IPC was registered against the accused, investigation were carried out and challan was prepared and presented in the court after completion of the investigation.
3. Subsequent to the filing of the challan, cognizance was taken and the accused was summoned. Thereafter, the matter was listed for the framing of charge/notice against the accused. The charge for the offence U/s 279/337 IPC was framed against the accused on 15.04.05, to which he pleaded not guilty and claimed trial and hence the matter was thereafter listed for PE.
4. PW-1 WASI Parveen, who has been examined being the duty officer and has duly proved on record the copy of the present case FIR as ex. PW1/A and her endorsement on he rukka as ex. PW1/b
5. PW2 Mohd. Rahim, who is one of the injured in the present case, has appeared in the witness box and has stated that he has voluntarily compounded the offence U/s 337 IPC with the accused and thus , not interested in further pursuing 3 the case of the prosecution. Thus not supported the case of the prosecution.
6. Thereafter, after repeated opportunities for prosecution evidence and even after granting last and final opportunity for PE no other PW has come forward to depose before the court and has reported to be unserved and not traceable despite repeated summons and thus the PE was closed and the matter was listed for the purpose of recording of statement of accused persons U/s 281 Cr.P.C. However, after careful perusal of the testimonies recorded before the court i.e. PW-1 who is the police official witness and only deposed regarding his/her role in the investigation of the present case, and PW-2 Mohd. Rahim, who is one of the injured and thus public independent witness examined before the court, who himself has not supported the case of the prosecution and has specifically stated that he has already compounded the offence U/s 337 IPC with the accused in the present case, and not interested in further proceeding with the present matter, and also in view of the fact that no other public witness/injured has chosen to appear before the court in support of the case of the prosecution despite repeated summons to them, no purpose shall be served in further lingering on the trial of the accused and thus, no purpose shall be served in recording the statement of the the accused, thus recording of the statement of the accused in the present case, stands dispensed with.
7. Hence, in view of he above discussion, I have no hesitation in holding that the prosecution has miserably failed to prove its case against the accused beyond all the reasonable doubts and to bring his acts and conduct within four corners of the 4 provisions of law constituting any of such offence or within legal ambit which would warrant his conviction and punishment in the present case. In view of the cardinal principle of law that prosecution must prove the guilt of the accused beyond reasonable doubts and every benefit of doubt must be given to the accused, hence, the accused is entitled to every benefit arising out of lacuna's in the prosecution case. Accordingly, the accused is hereby acquitted for the offence U/s 279/337 IPC. His Bail Bond stands canceled. Surety Bond stands discharged . Documents, if any, be returned after cancellation of the endorsement, if any, on property receipt and identification. File be consigned to record room.
Announced in the open court today i.e 24th February, 2010 (KIRAN BANSAL) ADDL.CHIEF METROPOLITAN MAGISTRATE III:
SOUTH DISTT. PHC, NEW DELHI 5 State v/s Amit Kumar PS: Mehrauli FIR No: 229/04 U/s: 279/337 IPC 24.02.2010 Present: Ld. Substitute APP for State.
Accused on bail with counsel.
No PW is present today despite summoning the witness through the office of the DCP concerned and despite the fact that today was the last and final opportunity for PE. Summons issued to the remaining public witnesses / injured persons have been received with the report that not traceable at the given address despite efforts and that no whereabouts are available.
However, the statement of one of the injured namely Mohd. Rahim, has already been recorded before the court whereby he compounded the offence U/s 337 IPC in the present matter with the accused voluntarily and submitted that he is not willing to further proceed with the present matter.
Thus, in these facts and circumstances, where the other injured persons reported to have been not traceable and the injured Mohd.Rahim who has been served have compounded the offence U/s 337 IPC, no purpose shall be served in further lingering on the trial of the accused and further summoning the other remaining injured persons, thus the PE stands closed and also as there is nothing incriminating evidence /material available on record against the accused, no purpose shall be served in recording the statement of the the accused, thus recording of the statement of the accused stands dispensed with.
In view of the fact that the other injured are not traceable despite issuance of the process through the office of DCP concerned as well as through the IO and the only injured that was available has already compounded the offence with the accused and the fact that the matter is already more than 5 years old , thus no purpose shall be served in further lingering on the trial of the accused and recording of the testimonies of 6 the official witness or the IO and therefore, it is deem to exercise the power U/s 258 Cr. P.C in the present case and the proceedings in the present case stands stopped as nothing incriminating evidence has come on record against the accused and only the testimony of two witnesses have been recorded, thus the accused stands acquitted for the offence U/s 279/337 IPC. His bail bond stands cancelled. Surety stands discharged. Documents, if any be returned, after cancellation of endorsement, if any. File be consigned to records room.
Announced in the open court (KIRAN BANSAL)
th
today i.e 24 February, 2010 ADDL.CHIEF METROPOLITAN MAGISTRATE III:
SOUTH DISTT. PHC, NEW DELHI