Delhi District Court
State vs Ajit Kumar on 7 September, 2022
IN THE COURT OF SH. PUNEET PAHWA,
CHIEF METROPOLITAN MAGISTRATE, DISTRICT SOUTH,
SAKET COURTS COMPLEX, NEW DELHI
CNR No.DLST02-001102-2014
IN THE MATTER OF:
State Vs Ajit Kumar
FIR No.26/2014
PS Ambedkar Nagar
U/s 279/304A IPC & 50/177 M.V. Act
JUDGMENT
A) Sl. No. of the case : CR No. 2033339/2016
B) The date of commission of offence : 16.01.2014
C) The name of the complainant : Sh. Yaad Mohd. S/o Mr. Aas
Mohd R/o House No. L-2nd,
168, Madangir, New Delhi.
D) The name and address of accused : Ajit Kumar, S/o Sh. Ram Sajan,
R/o Village Raiwana, Post
Talwana, Teh Bhehror, District
Alwar, Rajasthan.
E) Offence complained of : Section 279/304A IPC & 50/177
MV Act.
F) The plea of accused : Not Guilty
G) Final Order : Acquittal
H) The date of such Order : 07.09.2022
DATE OF INSTITUTION : 21.04.2014
DATE OF FINAL ARGUMENTS : 03.09.2022
DATE OF JUDGMENT : 07.09.2022
FIR No.26/2014 State Vs. Ajit Kumar Page No.1 of 13
PS Ambedkar Nagar
THE BRIEF REASONS FOR THE JUDGMENT:-
1. The present case has originated from the charge-sheet filed by the State, against accused Ajit Kumar, S/o Sh. Ram Sajan. As per charge- sheet, on 16.01.2014 at about 5 PM at BRT Road near Pushpa Bhawan CNG Pump, Dr. Ambedkar Nagar, New Delhi within the jurisdiction of PS Ambedkar Nagar, accused were found driving vehicle HR-70B-2714 in a rash and negligent manner so as to endanger human life and safety of others and thereby committed an offence punishable under Section 279 IPC. It is also alleged that the accused on the said date, time and place, accused while driving the aforesaid vehicle in the aforesaid manner, hit against the scooty bearing no.DL3SBX7952 and caused death of Ram Darshan and thereby committed an offence punishable under Section 304A IPC. Moreover, accused while driving the above said vehicle without number plate on the back side of the vehicle also committed an offence punishable under Section 50/177 M.V. Act.
2. On the basis of the charge-sheet, Court took cognizance of the offence and when accused appeared before the Court on 02.08.2014, he was supplied with copy of charge-sheet and documents in compliance of Section 207 Cr.P.C. Court framed charge against the accused for offence punishable under Section 279/304A IPC and 50/177 M.V. Act. Charge was read over and explained to the accused to which he pleaded not guilty and claimed trial.
FIR No.26/2014 State Vs. Ajit Kumar Page No.2 of 13 PS Ambedkar Nagar
3. During trial, accused admitted under Section 294 Cr.P.C., the registration of FIR No.26/2014, PS Ambedkar Nagar; MLC No.299 dated 16.01.2014 Saket City Hospital Ex.P1; postmortem report no.7114 dated 17.01.2014 Ex.P2 and case property and register no.19 Ex.P3. Also, the State examined eight witnesses viz. PW-1 Sh. Yad Mohammed, PW-2 Ajit Kumar, PW-3 Ct. Nahar Singh, PW-4 Sh. Hitesh Kumar, PW-5 HC Raj Kumar, PW- 6 Sh. Arvinder Singh, PW-7 ASI Shyam Singh and PW-8 HC Harinder Kumar.
4. During examination in chief, PW-1 Sh. Yad Mohammed, deposed that on 16.01.2014, he had gone to Ashram, New Delhi for his work. When he was returning on cycle to Madangir after finishing his work and had reached near CNG on Pushpa Bhawan, BRT road at about 5 PM, he saw one person going on a scooty in white colour towards Khanpur which was hit by one marshall jeep from behind. PW1 saw the jeep was stopped by help of public persons and students of school. He did not remember the registration number of vehicles but he said that he can identify the car, if shown to him. The offending vehicle was at fast speed and was hurriedly overtaking other vehicles on the road. He could not see the driver of offending vehicle. Due to the accident, scooty driver fallen on the road and sustained injuries. He rushed to the spot and took the injured beside road. Injured told him that his body was rammed over by vehicle. PW-1 informed the family members of injured after taking the number from the injured. PW1 called 100 number. Injured was taken to Saket City Hospital in FIR No.26/2014 State Vs. Ajit Kumar Page No.3 of 13 PS Ambedkar Nagar Ambulance by the witness and his friend Ajit. His statement was recorded by the police official in Police Station which is Ex.PW-1/A. He was inquired about the spot by police. Site plan is Ex.PW-1/B. He did not remember whether he had signed on seizure memo or not. Seizure memos of vehicles were shown to the witness and witness correctly identified his signatures on the same. Memos are Ex.PW-1/C and Ex.PW-1/D. Witness stated that accused was not arrested in his presence. Witness confronted with arrested memo and personal search memo Ex.PW-1/E and Ex.PW-1/F wherein witness though identified his signatures but stated that his signature was obtained at the instance of investigating officer and he did not read the contents of the same. PW-1 was duly cross-examined by Ld. Defence Counsel. Since, PW-1 did not fully support the case of the prosecution, Ld. APP for the State, after seeking permission of the Court, cross examined the witness.
5. PW-2 Ajit Kumar deposed that he did not remember the exact date however one day in the year 2014 at about 05:00 PM, while he was coming from his office and was passing through BRT Road near CNG Pump Sheikh Sarai, he saw that one three wheeler was passing just ahead to him and one Marshall Jeep bearing no.HR-70B-2714 was ahead to the three wheeler which was at fast speed and all of sudden the driver of Marshall applied sudden brake and due to which he had also applied the brake. They rushed to the Marshall Jeep where other public persons were also gathered where he saw that Marshall Jeep had ran over one Scooty (silver colour) and FIR No.26/2014 State Vs. Ajit Kumar Page No.4 of 13 PS Ambedkar Nagar caused injury to one old man who was driving the said scooty, driver of Marshall Jeep stopped his jeep after the accident at a distance at about 50-60 meters approx. Someone called the police and police came at the spot. Injured was taken to hospital by his motorcycle. PW-2 also called the family members of the injured through his mobile phone. Witness correctly identified the vehicle which are Ex.PX-1 to PX4. PW-2 was duly cross- examined by Ld. Defence Counsel. In his cross-examination he had admitted that he had not seen the driver of the offending vehicle.
6. PW-3 Ct. Nahar Singh deposed that on 16.01.2014, he was posted as Constable in PS Ambekdar Nagar as DD writer from 4 PM to 12AM. On that day, at about 06.40 PM, he received a telephone call from the PCR with regard to admission of an injured, namely, Ramdaresh Yadav at Saket City Hospital, who met with an accident at CNG Pump, Sheikh Sarai. Based on the same, a DD entry was entered in the Roznamcha as DD No.64B, dated 16.01.2014. At 8:10 PM, he received an information from Saket City Hospital with regard to death of the injured, namely, Ramdaresh Yadav, who met with an accident at CNG Pump Shaikh Sarai. Based on the same, a DD entry was entered in Roznamcha as DD No.68D, dated 16.01.2014 and thereafter, he prepared a copy of the contents of the aforesaid DD entries in his own handwriting and thereafter, informed the same to HC Shyam Singh. The same are Ex.PW-3/A and Ex.PW-3/B, respectively, bearing his signatures at point A. The original DD entries are entered in the Roznamcha at page no.19 of book no.13685(OSR). PW-3 was duly cross-
FIR No.26/2014 State Vs. Ajit Kumar Page No.5 of 13 PS Ambedkar Nagar examined by Ld. Defence Counsel.
7. PW-4 Sh. Hitesh Kumar, deposed that on 18.01.2014, he went to PS Ambedkar Nagar after getting the information that his vehicle Mahindra Marshal Delux No.HR70B 2714 had met with an accident and thereafter, he handed over to the police the original RC and original insurance policy of the aforesaid vehicle. The police seized the same vide seizure memo Ex. PW-4/C. Thereafter, the police officials served him a notice u/s 133 M.V. Act with regard to the present FIR to which, he had given his reply and has stated that on 16.01.2014 his vehicle no. HR70B 2714 was driven by his cousin brother i.e Accused Ajit Kumar S/o Sh. Ram Sajan, R/o Village Revana, Tehsil Bahrod, District Alwar, Rajasthan which had met with an accident. The notice and his reply for the same is Ex. PW- 4/A. Thereafter, on 30.01.2014, he released the aforesaid vehicle on Supardari vide Superdarinama Ex. PW-4/B. At time of his evidence, he did not bring the aforesaid vehicle. Witness correctly identified the vehicle after seeking the photographs which are Ex P-1 Colly. PW-4 was duly cross- examined by Ld. Defence Counsel.
8. PW-5 HC Raj Kumar deposed that on 16.01.2014, he was posted as DO in PS Amebedkar Nagar from 4 PM to 12 AM. On that day, at about 5.05 PM, PW5 received a telephonic call from the PCR with regard to an accident at CNG Pump Shaikh Sarai and thereafter based on the information a DD entry was made in Rosnama as DD no.37A, dated 16.01.2014. Thereafter, PW5 prepared a copy of the contents of the aforesaid FIR No.26/2014 State Vs. Ajit Kumar Page No.6 of 13 PS Ambedkar Nagar DD entries in his own handwriting and thereafter, handed over the same to HC Shyam Singh. The same is Ex. PW-5/A. The original DD entry is entered in Roznama at page no.89, of book no.13662 (OSR). On that day, at about 8.20 PM a rukka was received through Ct. Harender sent by HC Shyam Singh. On the basis of which the present FIR no.26/14 was registered/ recorded u/s 279/304-A IPC by computer operator on his instructions in the computer installed the PS. The said computer was kept in his custody and under lawful control and in process and ordinary course of the taking print out as there is no chance of any tempering in the contents entered/recorded in the computer. One computer generated copy alongwith rukka was handed over to SI Yogesh Kumar for further investigation. Another computer generated copy of FIR were kept as record in the PS. He had brought the FIR register, copy of the same is on record. The same is Ex. PW-5/B. He made an endorsement on the rukka and the same is Ex. PW-5/C. PW-5 was duly cross-examined by Ld. Defence Counsel.
9. PW-6 Sh. Arvinder Singh deposed that on 17.01.2014, he conducted the mechanical inspection of Honda Activa Scooty bearing regn. no. DL 3SBX 2714 and a Mahindra Marshal bearing regn. no. HR 70B 2714 on the request of the IO SI Yogesh Kumar. His mechanical inspection report of the Honda Activa Scooty is Ex. PW-6/A and the mechanical inspection report of the Mahindra Marshal is Ex. PW-6/B. PW-6 was duly cross- examined by Ld. Defence Counsel.
10. PW-7 ASI Shyam Singh deposed that on 16.01.2014, he was FIR No.26/2014 State Vs. Ajit Kumar Page No.7 of 13 PS Ambedkar Nagar posted as HC at PS Ambedkar Nagar. On that day, he was on emergency duty and his duty hours were from 08:00 AM to 08:00 PM. At around 5:10 PM, he received DD No. 37-A regarding the accident which took place at BRT Corridor, near CNG Pump, Pushpa Bhawan. Thereafter, he alongwith Ct. Harender went to the spot i.e. above mentioned address where they found that a Marshal Jeep bearing no. HR 70B 2714 was stationed at the spot in an accidental condition. A Scooty bearing no. DL 3SBX 7952 was also lying on the left side of the road in an accidental condition. The driver of the Jeep namely Ajeet Kumar was present at the spot. On inquiry, it was revealed that injured had already been shifted to hospital. After 6:30 PM, he received DD No. 64-B regarding that the injured was admitted to Saket City Hospital. Thereafter, he was proceeding Saket City Hospital, leaving Ct. Harender at the spot and your custody was handed over to him. He obtained the MLC of the injured from the hospital and it was revealed that the name of the injured was Ram Darshan Yadav. The concerned doctor opined on the MLC that the patient was unfit for giving statement. The concerned doctor reserved his opinion. Thereafter, he searched for eye witness and met Yaad Mohammad in the hospital. PW7 made inquiry from him and recorded his statement which is already Ex. PW-1/A. Thereafter, he came to know that the patient / injured had expired in the hospital. Thereafter, he alongwith eye witness returned to the spot. He made endorsement on the statement of the complainant which is Ex. PW 7/A. The rukka was handed over to Ct. Harender for registration of FIR. He went to PS and got the FIR registered. After registration of FIR, Ct.
FIR No.26/2014 State Vs. Ajit Kumar Page No.8 of 13 PS Ambedkar Nagar
Harender alongwith SI Yogesh, to whom the further investigation was entrusted came at the spot. He handed over the MLC to the IO SI Yogesh. He handed over the accused to him. He also informed him regarding the complainant who was present at the spot. Thereafter, IO alongwith Ct. Harender went to the hospital leaving him and the accused at the spot. After one hour, IO alongwith Ct. Harender returned to the spot form the hospital. Thereafter, IO seized the said vehicle vide seizure memos which are Ex. PW- 1/C and Ex. PW 1/D. After interrogation, IO arrested and carried out personal search of accused vide memos which are already PW 1/E and Ex. PW 1/F. The accused produced his DL and IO seized the same vide seizure memo which is Ex.PW7/B. The DL of the accused is Ex. PW 7/C. IO prepared the site plan at the instance of complainant which is already Ex. PW1/B. Thereafter, they went to PS alongwith accused and the case property. The case property was deposited in malkhana. IO recorded his statement. The witness had correctly identified the said Jeep in photographs Ex. P-1 (Colly). The witness correctly identified the said Scooty in photographs Ex. PX-1 to PX-4 (Colly). Witness correctly identified the accused before the Court. PW-7 was duly cross-examined by Ld. Defence Counsel.
11. PW-8 HC Harinder Kumar deposed that on 16.01.2014, he was posted as a constable at PS Ambedkar Nagar. On that day, he was on emergency duty along with HC Shyam Singh. On that day at about 05.05 pm HC Shyam Singh received DD No 37A regarding accident at CNG Petrol FIR No.26/2014 State Vs. Ajit Kumar Page No.9 of 13 PS Ambedkar Nagar Pump, BRT Road. Thereafter, PW8 along with HC Shyam Singh reached at the spot where they found one Honda Activa Scooty bearing No. DL-3S- BX7952 and one Mahindra Marshal bearing No. HR-70B-2714 in accidental condition. He met the driver of Mahindra Marshal, namely, Ajeet i.e. accused at the spot and made interrogation from the driver of offending vehicle i.e. accused and accused replied that the said accident had occurred with abovesaid vehicle of accused and injured was taken to unknown hospital by public person. In the meanwhile, HC Shyam Singh received a call from PS regarding MLC of the deceased Ram Darshan. Thereafter, IO Shyam Singh went to Saket City Hospital leaving him at the spot. After that at about 07.30 PM IO along with eye witness Yaad Mohd. came at the spot and prepared tehrir on the statement of eye witness Yaad Mohd and endorsed it and handed over the said rukka to the witness for registration of the FIR. After registration of the FIR case file was handed over to SI Yogesh for further investigation. Thereafter, he along with SI Yogesh reached at the spot and took all the concerned documents of the case from IO HC Shyam Singh and interrogated the accused driver Ajeet and prepared his arrest memo and personal search memo which is Ex. PW-1/E & Ex. PW-1/F. During the investigation, accused handed over his DL to IO SI Yogesh and IO prepared seizure memo regarding same which is Ex.PW-7/B and IO had taken custody of both the vehicles and prepared seizure memo which is Ex. PW1/C & Ex PW-1/D. During investigation IO SI Yogesh went for the medical examination of the accused driver Ajeet at AIIMS. After medical FIR No.26/2014 State Vs. Ajit Kumar Page No.10 of 13 PS Ambedkar Nagar examination, IO came at the spot alongwith accused and detained the accused at the spot in the supervising of first IO HC Shyam Singh and PW8 along with second IO SI Yogesh went to mortuary house of Saket City Hospital where the IO preserved the dead body of deceased Ram Darshan. On next date, he along with IO taken the dead body of the deceased from the Saket City Hospital and shifted the dead body at Mortuary house of AIIMS Hospital. After the postmortem of the deceased, the dead body was handed over to the relative of the deceased, namely, Sandeep and Anil. Thereafter, PW-8 along with IO Yogesh came to the PS and IO recorded his statement. During investigation, IO prepared the seizure memo of RC and insurance of the vehicle No. HR 70B 2714 which is Ex. PW-4/C. Witness correctly identified the accused before the Court. PW-8 was duly cross-examined by Ld. Defence Counsel.
12. Upon conclusion of prosecution evidence, statement of accused Ajit Kumar under Section 313 Cr.P.C. read with Section 281 Cr.P.C. was recorded in which all incriminating material was put to him, to which he pleaded innocence and claimed to have been falsely implicated. Accused chose not to lead any defence evidence. Final arguments of both the parties were heard at length.
COURT OBSERVATION:
13. It is the case of prosecution that on 16.01.2014 at about 5 PM at BRT Road near Pushpa Bhawan CNG Pump, Dr. Ambedkar Nagar, New Delhi within the jurisdiction of PS Ambedkar Nagar, accused was found FIR No.26/2014 State Vs. Ajit Kumar Page No.11 of 13 PS Ambedkar Nagar driving vehicle HR-70B-2714 in a rash and negligent manner so as to endanger human life and safety of others and thereby committed an offence punishable under Section 279 IPC. It is also alleged against the accused that on the said date, time and place, accused while driving the aforesaid vehicle in the aforesaid manner, hit against the scooty bearing no.DL3SBX7952 and caused death of Ram Darshan and thereby committed an offence punishable under Section 304A IPC. It is also alleged that while driving the above said vehicle without number plate on the back side of the vehicle the accused committed an offence punishable under Section 50/177 M.V. Act.
14. To the case of prosecution, it is the defence of the accused that the accused has been falsely implicated and he is entitled to be acquitted.
15. The court has carefully examined the entire material available on record including the testimony of the PWs recorded before the Court. PW-1 Yad Mohammed i.e. complainant and PW-2 Sh. Ajit Kumar are the eye witnesses to the incident. Remaining all witnesses are formal in nature. PW1 and PW2 who were the crucial witnesses of the prosecution have not supported the case of the prosecution. Both the witnesses have completely failed to identify the accused to be the driver of offending vehicle. There is no other eye witnesses to the alleged incident and the prosecution has not cited any other witness who could have supported the case of the prosecution. Both PW-1 and PW-2 have very categorically stated that they had not seen the driver of the offending vehicle. In such a case, identification of the accused by other witnesses who were just official witnesses and were FIR No.26/2014 State Vs. Ajit Kumar Page No.12 of 13 PS Ambedkar Nagar formal in nature, is of no use. In view of the facts that the eye witnesses have not been able to give sufficient testimony against the accused which had caused the accident with the injured, the accused is entitled to benefit of doubt.
16. In view of the above discussions it is held that the prosecution has failed to prove its case against the accused and has not been able to prove the charge for the offence U/s 279/304A IPC and Section 50/177 MV Act against the accused beyond reasonable doubt. Accordingly, the accused Ajit Kumar S/o Sh. Ram Sajan is hereby acquitted for the offence u/s 279/304A IPC and Section 50/177 MV Act. His Bail Bond stand cancelled. Surety Bonds stand discharged. Documents, if any, be returned after cancellation of the endorsement, if any, on proper receipt and identification.
17. Case property, if any, be confiscated to the State after the expiry of the period of the appeal. Accused is directed to furnish necessary personal bond under Section 437A CrPC.
18. File be consigned to Record Room, after due compliances.
(PUNEET PAHWA) CHIEF METROPOLITAN MAGISTRATE DISTRICT SOUTH, SAKET COURTS COMPLEX Announced in the open Court On 07th September, 2022 FIR No.26/2014 State Vs. Ajit Kumar Page No.13 of 13 PS Ambedkar Nagar