Delhi District Court
State vs . Neeraj Kumar on 17 January, 2020
IN THE COURT OF Ms. RICHA GUSAIN SOLANKI, METROPOLITAN MAGISTRATE, DWARKA COURTS, DELHI. State Vs. Neeraj Kumar FIR No. 121/2015 U/s. 283/304A IPC & 122/177 MV Act PS : Chhawla Date of Institution of case: 14.09.2015 Date of Judgment reserved: 16.12.2019 Date on which Judgment pronounced: 17.01.2020 JUDGMENT
Unique ID no. : 427430/2016
Date of Commission of offence : 26.02.2015
Name of the complainant : ASI Bharat Lal
Name and address of the accused : Neeraj Kumar
persons s/o Sh. Tirath Pal
r/o Village Vighana, PO Sudama,
District Mujjaffarpur, UP.
Offence complained of : Under Section 283/304A IPC and
122/177 MV Act
Plea of accused : Not guilty
Date of order : 17.01.2020
Final Order : Acquitted for offence under Section
283/304A IPC and 122/177 MV Act
BRIEF REASONS FOR DECISION:
1. The case of the prosecution in brief is that on 26.02.2015, DD no. 10A was received at P.S Chhawla regarding an accident. The call was marked to SI Satbir, who reached the spot but did not find any injured or complainant. Later information was received that the injured has been taken to RTRM hospital, FIR No.: 121/2015 U/s : 287/304A IPC and 122/177 MV Act P.S : Chhawla State Vs. Neeraj Kumar Page 1 of 7 upon which SI Satbit reached RTRM Hospital and collected MLC of victim Jagdish Parsad. He recorded the statement of victim, who stated that on that day, he was going from Najafgarh to Ghumanhera. He stated that when he reached near Devtawala Mandir, a car came from the front but he could not note the car number due to the focus of headlights of the car. He stated that he could not see properly and his motorcycle crashed into a parked truck from behind. The car was kept pending and later DD no.9A dated 03.03.2015 was received regarding the death of the victim. On the basis of aforesaid facts, present case FIR No.121/15, P.S. Chhawla was lodged for the offences under Section u/s 279/304A IPC.
2.During investigation, one eye witness namely Nafe Singh was met, he stated that on that day, he and his colleague Pardeep Kumar were returning from duty when at around 6.15a.m, they saw that half body truck was stationed there, which was filled with bricks and suddenly a motorcycle hit the truck at the driver seat. He stated that the motorcyclist fell down and he helped the motorcyclist. He stated that the truck driver came and took the motorcyclist to hospital in a passing car. He stated that one DTC bus driver noticed the accident and made call at 100 number. He stated that he identified the motorcyclist Jagdish, who works in his company. He stated that the truck driver stated that his name was Ravi. He stated that the truck driver had parked the truck without any indication or parking lights. He stated that the truck number was HR63B4699 and the motorcycle of victim was DL9SX8058. He stated that the helmet and shoes of the victim had been given to one labour of the nearby service station namely Nandu and on 13.03.2015, when he came to collect the same, Nandu advised him to inform the police about the incident. Accordingly offence U/s 283 IPC was added. When the owner of the truck was FIR No.: 121/2015 U/s : 287/304A IPC and 122/177 MV Act P.S : Chhawla State Vs. Neeraj Kumar Page 2 of 7 contacted, he informed that accused Neeraj Kumar was in possession of the truck at the time of accident. Accused Neeraj Kumar was indentified by the eye witnesses.
3. Arguments were heard and notice for the offences u/s 283/304A IPC & U/s 122/177 Mv Act was framed against the accused to which the accused pleaded not guilty and claimed trial.
4. Prosecution examined thirteen witnesses:
4.1. PW1 Sh. Nafe Singh entered the witness box on 28.01.2017 and deposed that on 26.02.2015 at about 6.15 am he and Pradeep were returning home after night duty. He stated that when they reached near service station Devta wala Mandir, they heard a collision. They saw that half body truck and a motorcycle had got into an accident. He stated that one DTC bus driver noticed the accident and made call at 100 number. He stated that the motorcyclist had fallen down and he helped the motorcyclist. He stated that the truck driver came and informed that his name was Ravi. He stated that he took the motorcyclist to hospital in a passing car with the truck driver. He stated that he could not say if the halfbody truck was stationed or in moving because there was fog. He stated that the truck driver had parked the truck without any indication or parking lights. He identified the accused and the offending vehicle in photographs Ex P1 to P4.
In his cross examination, he stated that there was a DTC bus ahead of him and after the accident, he overtook the bus to see that the collision had happened.
4.2. PW2 Sh. Pradeep Kumar entered the witness box on 28.01.2017 and deposed that on 26.02.2015 at about 6.15 am he and Nafe Singh were returning home after night duty. He stated that when they reached near FIR No.: 121/2015 U/s : 287/304A IPC and 122/177 MV Act P.S : Chhawla State Vs. Neeraj Kumar Page 3 of 7 service station Devtawala Mandir, they heard a collision. They saw that half body truck and a motorcycle had got into an accident. He stated that he identified the injured as his colleague. He stated that he took the motorcyclist to hospital in a passing car with the truck driver. He stated that the truck driver had parked the truck without any indication or parking lights. He identified the accused but was not sure of the same. He identified the offending vehicle in photographs Ex P1 to P4.
4.3.PW3 Krishan Kumar entered the witness box on 07.03.2017 and identified his statement Ex PW3/A regarding dead body identification and stated that he collected the dead body of victim vide Ex PW3/A. 4.4. PW4 Pradeep entered the witness box on 07.03.2017 and deposed that after the death of victim, he got the motorcycle released from police station. 4.5.PW5 Ram Dhari entered the witness box on 01.04.2017 and identified his statement Ex PW5/A regarding dead body identification and stated that he collected the dead body of victim vide Ex PW3/B. 4.6. PW6 Puran Chand entered the witness box on 01.04.2017 and proved mechanical inspection report of motorcycle Ex PW6/A and mechanical inspection report of truck Ex PW6/B. 4.7. PW7 HC Rakesh Kumar entered the witness box on 01.04.2017 and deposed that he was with IO on 03.03.2015. He stated that IO prepared site plan in his presence at the instance of SI Satbir and later IO seized the motorcycle vide memo Ex. PW7/A. He identified the photographs of motorcycle Ex. P5 to Ex. P8.
4.8. PW8 ASI Bharat Lal entered the witness box on 22.05.2017 and deposed on the lines of charge sheet. He stated that after the death of injured he prepared rukka Ex. PW8/A and conducted further investigation. He stated FIR No.: 121/2015 U/s : 287/304A IPC and 122/177 MV Act P.S : Chhawla State Vs. Neeraj Kumar Page 4 of 7 that he prepared site plan Ex. PW8/B. He identified the photographs of motorcycle Ex. P5 to Ex. P8.
4.9. PW9 ASI Narender entered the witness box on 30.06.2017 and proved DD no. 10A dated 26.02.2015 Ex. PW9/A, DD no. 12A dated 26.02.2015 Ex.PW9/B, DD no. 9A dated 03.03.2015 Ex. PW9/C, present FIR Ex. PW9/D and endorsement on rukka Ex. PW9/E. 4.10. PW10 Rajesh Kumar entered the witness box on 11.08.2017 and deposed that he is the registered owner of the half bodied truck and on the day of accident the truck was being driven by his driver accused Neeraj. He stated that he received notice u/s 133 MV Act Ex PW10/A to which he gave reply Ex. PW10/B. He stated that the documents of the truck were seized by the IO vide memo Ex. PW10/C and the truck was released on superdarinama Ex. PW10/D. 4.11. PW11 Insp. Satbir Singh entered the witness box on 20.09.2017 and deposed that he had met the injured in the hospital and he was also fit for statement but the injured requested for some time to give statement. 4.12. PW12 Mukesh Kumar entered the witness box on 20.09.2017 and deposed that he is the registered owner of the motorcycle and on the day of accident the motorcycle was being driven by his relative Jagdish. He stated that the motorcycle was released on superdarinama Ex. PW12/A after panchnama Ex. PW12/B. 4.13. PW13 SI Lakh Ram entered the witness box on 25.04.2018 and deposed on the lines of charge sheet. He stated that he prepared site plan Ex. PW 13/A at the instance of Nafe Singh and seized the truck vide memo Ex. PW 13/B. He stated that he arrested the accused vide memo Ex. PW13/D and FIR No.: 121/2015 U/s : 287/304A IPC and 122/177 MV Act P.S : Chhawla State Vs. Neeraj Kumar Page 5 of 7 conducted his personal search vide memo Ex. PW13/E. He stated that he seized driving licence of the accused vide memo Ex. PW13/F.
5. Statement of accused u/s 294 CrPC was recorded wherein he admitted MLC Ex P/1/A and post mortem report Ex P/1/B.
6.Statement of accused u/s 281 CrPC was recorded wherein he denied all the allegations made against him. He chose not to lead evidence in defence.
7. I have heard both the sides and perused the record.
8. To prove offence u/s 283 IPC and 122/177 MV Act, prosecution had to prove that the accused omitted to take such order with the property in his possession or under his charge causing danger, obstruction and injury to any person in any public way. Further, to prove offence u/s 304A IPC prosecution had to prove that while doing so accused causeing death of victim Jagdish Prasad.
9.It is the case of prosecution, accused had parked the half body truck on the main road without taking precautions against the collision of other vehicles with that truck and victim struck against it because it was foggy that morning and because there was a vehicle coming from opposite direction at highbeam.
10.In this regard, prosecution has relied on rukka Ex PW8/A recorded by ASI Bharat Lal. As per this rukka, the injured had informed SI Satbir Singh about these chain of events. However, Inspector Satbir Singh/PW11 deposed that the victim did not give any statement to him although he was fit for statement. The rukka Ex PW8/A was prepared after the death of the victim and appears to containing a concocted statement of the victim.
11.Further, prosecution also examined PW1 and PW2 who are stated to be the eyewitnesses of the accident. PW1 deposed that he was behind a DTC bus and only heard the collision and thereafter he overtook the bus to see that the accident had already happened. He further deposed that he could not say if the FIR No.: 121/2015 U/s : 287/304A IPC and 122/177 MV Act P.S : Chhawla State Vs. Neeraj Kumar Page 6 of 7 truck was stationed or in moving because there was fog.
PW2 deposed that he heard a collision and saw that half body truck and a motorcycle had got into an accident. He stated that he identified the injured as his colleague and took him to hospital but he was not sure of the identity of the accused.
12.Moreover, the statement of PW2 as also PW1 was recorded by IO on 13.03.2015, that is, ten days after the death of the victim. One fails to understand why SI Satbir or the subsequent IOs did not record the statements of these witnesses then and there. The MLC of the victim shows that he was brought by some Ravi and it has no mention of PW1 or PW2 therein, although they were acquaintances of the victim. Thus the circumstances under which these witnesses met the IO are very suspicious.
13. Apart from this, the investigation conducted by the IOs is also very disappointing. As noted above the rukka prepared by ASI Bharat Lal is fictitious. None of the IOs have sought any corroboration of the statements of PW1 and PW2 from local investigation. There is no other witness to depose that the said truck was actually stationed there well before the accident.
14. Thus none of the witnesses examined by the prosecution has been able to state with clarity why and how the accident had taken place.
15. Consequently, prosecution has not been able to prove its case beyond reasonable doubt. Accused Neeraj Kumar Singh is acquitted for offences u/s 283/304A IPC and 122/177 MV Act.
Announced in open court today (Richa Gusain Solanki)
on 17th January 2020 Metropolitan Magistrate07
Dwarka District Court/Delhi
Digitally signed by
RICHA RICHA GUSAIN
GUSAIN SOLANKI
Date: 2020.01.17
FIR No.: 121/2015 U/s : 287/304A IPC and 122/177 MV Act SOLANKI 18:09:22 +0530
P.S : Chhawla
State Vs. Neeraj Kumar Page 7 of 7