Delhi District Court
Fir No. 578/99, Ps Timarpur, State vs Ajay Kumar on 31 October, 2014
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IN THE COURT OF SH.R.K. PANDEY, METROPOLITAN MAGISTRATE
: 02 (CENTRAL) TIS HAZARI COURTS, NEW DELHI
FIR No. 578/99
PS: Timar Pur
U/s 279/304A IPC
State v. Ajay Kumar s/o Sh.Shiv Nath Paswan
JUDGMENT
1. Sl No. of the case : 02401R0104432000
2. Date of Commission of the offence : 29.11.1999
3. The name of the complainant : Sh. Brijesh Singh
4. The name & address of accused : Ajay Kumar
s/o Sh.Shiv Nath Paswan
r/o 3/75, Near DTC Bus
stand, Khichripur,Delhi.
5. Date of institution of FIR : 29.11.99
6. Date of receipt of this case in
this court : 21.03.00
7. The plea of the accused : Pleaded not guilty.
FIR No. 578/99, PS Timarpur, State v/s Ajay Kumar
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8. Date of reserving the case for order : 30.10.2014
9. Date of Decision : 31.10.2014
10.Final order : Convicted
BRIEF FACTS OF THE CASE :
1. Prosecution case in brief is that on 29.11.99 at about 4:00 am at outer ring road, near Nirankari Sant Samagam ground, Delhi, within jurisdiction of PS Timar Pur, accused was driving vehicle/ truck/tempo No. DL ILC 3238 in rash and negligent manner and caused death not amounting to culpable homicide of Sh. Dadan Kumar Pandey. After filing of challan, notice of offence u/s 279/304A IPC was served upon the accused vide order dated 01.12.2000 to which accused pleaded not guilty and claimed for trial.
2. In support of its case, prosecution has examined eleven witnesses.
3. PW1 Sh. Brijesh Singh (complainant) deposed that in the year 1999 at about 3:30 am(night) he had parked his tractor No. UP 13 C 1411 at Wzirbad by pass side. PW1 further deposed that he was accompanied by one Sh. Jeetan Singh. PW1 further deposed that one tempo came at a fast speed and hit towards the right side of FIR No. 578/99, PS Timarpur, State v/s Ajay Kumar 3 his trolley as a result of which the trolley got damaged and the tempo also got damaged from the left side. PW1 further deposed that there was one person sitting inside the tempo who died at the spot. PW1 further deposed that police came at the spot and recorded his statement EXPW 1/A. PW1 further deposed that police seized the offending vehicle and prepared seizure memo EXPW 1/B and police also seized the tractor trolley and prepared seizure memo EXPW 1/C.
4. PW2 Sh. Raj Narain Pandey has identified the dead body of his son Dadan Kumar at Civil Hospital Mortuary on 30.11.99.
5. PW3 Sh. Ram Kumar is the owner of the Tempo bearing registration No. DL 1LC 3238 and deposed that on 29.11.99 the accused was driving the same tempo and met with an accident. PW3 got the same released on superdari vide Superdarinma EXPW 3/A.
6. PW4 HC Hari Kishan deposed regarding the registration of FIR EXPW 4/A by him & deposed that he registered the FIR on the basis of rukka received through Ct. Kuldeep Singh sent by SI Ragunath. PW4 further deposed that he handed over copy of FIR & original rukka to Ct.Kuldeep Singh.
FIR No. 578/99, PS Timarpur, State v/s Ajay Kumar 4
7. PW5 Ct. Kuldeep Kumar deposed that on 29.11.99 he was posted at PS Timar Pur and he went to the spot at Nirankari Sarover on receiving of DD entry 4A with HC Ashok Kumar and at the spot , he met with SI Raghunath . PW5 further deposed that at the spot one tempo and tractor were found in accidental condition. PW5 further deposed that Tehrir was prepared on the instructions of the IO and deponent went to the PS and got the case registered.
8. PW6 Sh. Shyam Kishore Srivastva deposed that he had identified the dead body of his nephew Daddan Kr Pandey at mortuary Subzi Mandi and identification memo in this regard is EXPW6/A.
9. PW7 Dr. B.K.Sharma got proved the Post Morten report EXPW 7/A and deposed that cause of death was hemorrhagic shock .
10.PW8 Ct. Sanjay Kumar deposed that on 29.11.99 he was posted at PS Timar Pur as Ct and on receipt of DD No 4A regarding accident deponent accompanied the IO to the spot of accident where two vehicles i.e. one Tractor Trolley bearing registration No. UP 13C 1411 and one tempo bearing registration No. DL 1LC 3238 were found in accidental condition. PW8 further deposed that one person was also lying in the road in dead condition. PW8 further FIR No. 578/99, PS Timarpur, State v/s Ajay Kumar 5 deposed that at the spot, they met with HC Ashok and Ct. Kuldeep who were already present there and they produced the driver of tempo and tractor trolley before the IO. PW8 further deposed that after interrogation IO recoded statement of driver of tractor trolley and on the basis of which Rukka was prepared by the IO and the same was handed over to Ct. Kuldeep for getting the case registered. PW8 further deposed that both the vehicles were seized and seizure memo EXPW 1/B & EXPW 1/C were prepared. PW8 further deposed that in the meantime, Ct. Kuldeep came at the spot and handed over copy of FIR and original rukka to IO. PW8 further deposed that the private vehicle was arranged and dead body was put in that vehicle. PW8 further deposed that thereafter they all alongwith seized vehicles went to the PS and the case property were deposited at the Malkhana PS Timar Pur. PW8 further deposed that thereafter deponent alongwith IO took the dead body to the Subzi Mandi Mortuary and there the postmortem was conducted. PW8 further deposed that the dead body was handed over to the relative of the deceased and handing over memo EXPW 8/A was prepared. PW8 further deposed that thereafter IO arrested the accused and prepared arrest memo Ex FIR No. 578/99, PS Timarpur, State v/s Ajay Kumar 6 PW 8/A. PW 8 further deposed that personal search of the accused was conducted and personal search memo Ex PW 8/C was prepared.
11.PW9 ASI Devinder Kumar deposed that he conducted the mechanical inspection of Tractor bearing No. UP 13C 1411 and also Tempo bearing No. DL 1LC 3238 and prepared report with respect to the vehicles EXPW 9/A & EXPW 9/B.
12.PW10 Retired SI R.S.Tyagi deposed that on 29.11.99 he was posted at PS Timar Pur as SI and on the day on receipt of DD No 4A regarding accident which was marked to HC Ashok Kumar and deponent and Ct. Sanjay Kr was also informed about this information and on reaching the spot of accident i.e. at outer ring road, near Nirankari Sant Samagam ground before 08:00 am and there HC Ashok Kr, Ct. Kuldeep and Ct. Sanjay were already present and there two vehicles i.e. one Tractor Trolley bearing registration No. UP 13C 1411 and one Tempo bearing registration No. DL 1LC 3238 were found in accidental condition. PW10 further deposed that one person was also lying on the road in dead condition whose name later on found Sh. Daddan Kumar. PW10 further deposed that at the spot other persons namely Jeet Singh, FIR No. 578/99, PS Timarpur, State v/s Ajay Kumar 7 Brijesh and accused Ajay Kumar were also present. PW10 further deposed that after interrogation he recoded statement of Brijesh Singh and on the basis of which Rukka EXPW 10/A was prepared by the deponent and same was handed over to Ct. Kuldeep for getting the case registered. PW10 further deposed that Ct. Kuldeep Singh went to the PS and got the case FIR EXPW4/A registered and came back at the spot alongwith copy of FIR & original rukka and handed over the same to the deponent. PW10 further deposed that dead body of the deceased was sent to Civil Hospital Mortuary. PW10 further deposed that he prepared site plan EXPW 10/B at the instance of complainant Sh. Brijesh Kumar. PW10 further deposed that photographer was called and photographs of the spot EXP2 were clicked. PW10 further deposed that both the vehicles were seized and seizure memo EXPW 1/B & EXPW 1/C were prepared. PW10 further deposed that seized vehicles were taken to the police station and deposited at the Malkhana of police station Timar Pur. PW10 further deposed that he arrested the accused and arrest memo EXPW 8/B was prepared. PW10 further deposed that the body inspection cum personal search of the accused EXPW 8/C was conducted. PW10 further deposed that FIR No. 578/99, PS Timarpur, State v/s Ajay Kumar 8 driving licence of the accused was seized and seizure memo EXPW 10/C was prepared. PW10 further deposed that accused was taken to police station and later on released on bail. PW10 further deposed that on 30.11.1999 he went to Civil Hospital Mortuary and there he prepared inquest paper EXPW 10/D and later on the dead body was handed over to the relative of the deceased after postmortem and handing over memo EXPW 8/A was prepared. PW10 further deposed that he got conducted the mechanical inspection of both the vehicles and mechanical inspection of tractor is EXPW 9/A and Tempo is EXPW 9/B were prepared and later on both the vehicles were released on superdari vide Superdiginama EXPW 10/E & EXPW 10/F respectively. PW10 further deposed that he had recorded the statements of witnesses and after completing the investigation Challan was prepared and filed before the court.
13.PW11 Sh. Babu Singh is the owner of the tractor bearing No. UP 13C1411 and he deposed that he got the same released on superdari vide Superdarinma EXPW 10/A.
14.After recording prosecution evidence, statement of accused u/s 281 Cr.P.C was recorded in which all the incriminating evidence FIR No. 578/99, PS Timarpur, State v/s Ajay Kumar 9 was explained to accused to which accused denied but opted not to lead defence evidence. Accordingly matter was fixed for final arguments .
15.Heard the submission made on behalf of the State and on behalf of the accused.
16. As per prosecution story on 29.11.99 at about 4:00 am at outer ring road, near Nirankari Sant Samagam ground, Delhi, within jurisdiction of PS Timar Pur, accused was driving vehicle/ tempo No. DL ILC 3238 in rash and negligent manner and struck the same in the trolley of the tractor bearing UP 13 C 1411 which was parked at the side of Wazirabad by pass and due to impact of the same death of deceased/victim Sh. Dadan Kumar Pandey not amounting to culpable homicide was caused.
17.In order to prove the allegation against the accused, prosecution has relied upon the testimonies of witnesses PW1 to PW11. PW1 Sh Brijesh Singh who is eye witness of the prosecution deposed that on the date of incident he had parked his tractor bearing registration no. UP 13 C 1411 at Wazirabad side by pass as the tyre of the tractor was punctured and at that time one Jeetan Singh was also with him and one tempo came there at fast speed and hit FIR No. 578/99, PS Timarpur, State v/s Ajay Kumar 10 towards right side of trolley of the tractor and as a result of which trolley got damaged and tempo also got damaged from left side and one person who was sitting inside the tempo was died at the spot and deponent took out the body of that person from the tempo with the help of driver. The case was registered on the basis of statement of PW1 EXPW1/A and both the vehicles were seized and accused was arrested. Incident itself is not in dispute as the same is admitted by the accused in his statement u/s 281 Cr.P.C. Accused has took the defence that at the time of incident there was fog and one truck came from back side of his tempo and over took the vehicle and accused had also taken his vehicle a little left which suddenly struck with the tractor which was parked on the road without any indicator or light and accused had tried to save the accident by applying the break but the vehicle struck against the vehicle and deceased who was sitting in the vehicle of the accused on the left side expired due to that impact. During the final arguments, it is submitted on behalf of the prosecution that prosecution has proved its case beyond reasonable doubts that accused was driving his vehicle in rash and negligent manner and due to the same he struck his vehicle in the tractor trolley which FIR No. 578/99, PS Timarpur, State v/s Ajay Kumar 11 was parked at left side of the road . It is argued on behalf of the accused that accident was caused due to illegal act of the parking of the vehicle by complainant/PW1. It is further argued on behalf of accused that accused had taken his vehicle little left as one truck was trying to over take his vehicle and due to fog there was low visibility and due to which his vehicle got struck with the trolley and deceased got expired. However, the defence as taken by the accused is not a valid defence as PW1 during his testimony specifically stated that the tempo came at a fast speed and hit towards the right side of the trolley as a result of which trolley got damaged and tempo also got damaged from left side and deceased who was sitting in the tempo got expired due to impact of the accident. During cross examination of witness PW1 when question was put to the witness as to whether he put any indicator on his tractor as the same was parked on the road, the witness had specifically stated that one Lartan was affixed on the back side of the tractor and they also put some bricks at some distance and fire was also lit as indication of the vehicle. The another defence as taken by the accused that he took his vehicle slightly left as one tuck was trying to overtake his vehicle is also not a valid defence as FIR No. 578/99, PS Timarpur, State v/s Ajay Kumar 12 during cross examination of PW1, when question was put to the witness, witness had specifically stated that no truck passed to the area at that point of time. Witness also denied the allegation that he had not taken proper precautions while parking his tractor. On perusal of photographs of place of incident EXP2, it reflect that the offending vehicle of the accused was not in its lane and the tractor trolley of the complainant was parked at extreme left portion and photograph also reflect that offending vehicle crossed its lane and hit at right side of the trolley of the tractor . Hence, in view of the above discussion, charge regarding the offence punishable u/s 279 IPC as well as charge regarding offence punishable u/s 304 A IPC is proved beyond reasonable doubts. Accordingly, accused Ajay Kumar s/o Sh.Shiv Nath Paswan is convicted for the same.
18.Be put up the matter for arguments on point of sentence on 01.11.14.
Announced in the open court (RAVINDRA KUMAR PANDEY) on 31.10.2014. MM02 (Central)Tis Hazari Court/DELHI 31.10.2014.
FIR No. 578/99, PS Timarpur, State v/s Ajay Kumar