Delhi District Court
Sate vs . Narender Kumar on 26 June, 2014
FIR No. 155/06
PS Narela
U/s. 279/337 IPC
Sate Vs. Narender Kumar
IN THE COURT OF SH. SANDEEP GUPTA
METROPOLITAN MAGISTRATE: ROHINI COURT: DELHI.
FIR No. 155/06
PS Narela
U/s. 279/337 IPC
Sate Vs. Narender Kumar
Date of Institution of case:- 30.08.06
Date of Judgment reserved:- 26.06.14
Date on which Judgment pronounced:- 26.06.14
JUDGMENT
Unique ID no. :02404Ro250102006
Date of commission of offence :06.03.06
Name of complainant :SI Dhananjay Gupta, No. D/3437
PIS No.10940257, PS Narela, Delhi.
Name and address of accused :Narender Kumar
S/o. Sh. Surat Singh
R/o Falwa, PS Pillu Khera,District
Jind, Haryana
Offence complained of :279/337 IPC
Plea of accused :Pleaded not guilty
Final order :Acquitted
Date of order :26.06.2014
BRIEF REASONS FOR DECISION:
The story of the prosecution in brief is as under:-
1. The accused Narender Kumar, S/o Sh. Surat Singh has been sent to face trial under Section 279/337 Indian Penal Code (hereinafter called as IPC) on the allegations that on 06.03.06 at about 8:00 a.m., at Block A5 Road, Narela, Delhi, he was found driving the vehicle i.e bus bearing registration no. HP 01 1615 in rash and negligent manner and hit against cyclist Mohd. Khokhan Khekhar @ Nasir S/o Mohd. Ali as a result of which he Page No.1 of 6 FIR No. 155/06 PS Narela U/s. 279/337 IPC Sate Vs. Narender Kumar sustained simple injuries and on the basis of the said allegations, the present FIR bearing no. 155/06 was registered at Police station Narela.
2. After investigation, charge sheet was filed against the accused. The copies of charge sheet were supplied to the accused in compliance of Section 207 Code of Criminal Procedure (hereinafter called as Cr.P.C) and notice U/s. 251 Cr.P.C. for the offence U/s. 279/337 IPC was served upon the accused on 28.03.08, to which he has pleaded not guilty and claimed trial.
3. In support of its version, the prosecution examined three witnesses.
4. PW1 is Ct. Raj Kumar, 883 S/E, PS Put Prahlad Pur, Delhi. He deposed that on 06.03.2006 on receipt of DD no.23A he alongwith SI Dhananjay went at the place of accident at Chowk, A-5 Block, Narela, Delhi where they found a bus bearing no. HP 01 1615 and one cycle make Hero in an accidental condition. Thereafter, he came to know that injured had already been removed to SRHC hospital. IO left him at the spot and went to hospital. After sometime he came back at the spot and handed over to him rukka for registration of the case. After getting the case registered he came back at the spot alongwith original rukka and copy of FIR and handed over the same to IO.
Page No.2 of 6 FIR No. 155/06PS Narela U/s. 279/337 IPC Sate Vs. Narender Kumar He further deposed that IO inspected the spot and prepared the site plan. Thereafter IO seized the bicycle and and offending bus vide seizure memo Mark A and Ex.PW1/A respectively. He further deposed that IO arrested the accused Narender Kumar i.e. the driver of the bus vide arrest memo Ex.PW1/B and conducted his personal search vide memo Ex.PW1/C. Thereafter, accused was released on bail. Thereafter, they took the accidental vehicle and bicycle to PS and same was deposited by the IO in Malkhana. IO recorded his statement. He has not been cross examined by accused despite given opportunity.
5. PW2 is HC Narender Kumar, no.751 PCR, South-West Zone, Delhi. He is the duty officer who on receipt of rukka from Ct. Raj Kumar sent by SI Dhananjay registered the present FIR and he has exhibited the FIR as Ex.PW2/A and has exhibited the endorsement on rukka as Ex. PW2/B. He has not been cross examined by accused despite given opportunity.
6. PW3 is Narender Chauhan, S/o Sh. Karam Singh, R/o Village Behrabaki, District Sonepat, Haryana. He deposed that he does not remember the exact date and month but about 6 years back, on that day he was going to his home after repairing his tractor. He deposed that nothing happened in his presence and he do not know anything about the present case. He was cross examined by Ld. APP for the State after seeking permission of the court. During his cross examination by Ld. APP Page No.3 of 6 FIR No. 155/06 PS Narela U/s. 279/337 IPC Sate Vs. Narender Kumar for the State he deposed that he was an illiterate but he can sign. The statement mark A was read over and explained to the witness but the witness denied having made any such statement to the police. He denied the suggestion that on 06.03.06, when he reached at police colony, Main Road via Singhu Boarder, he saw one bus bearing registration number HP-01-1615, driven in rash and negligent manner and struck against one cyclist. The witness was confronted with the statement mark A from point A to A. He also denied the suggestion that police officials prepared site plan at his instance and in the meanwhile driver of the abovesaid vehicle came at the spot and police officials arrested the accused/driver Narender Kumar at his instance. He denied the suggestion that he is intentionally not identifying the accused since he has been won over by the accused person.
7. It is also a matter of record that no other eye witness was examined by the prosecution and accordingly after perusing the record, prosecution evidence was closed on 17.08.2013 and in the absence of any incriminating evidence/testimony of any public witness on record against the accused, his statement u/s 313 Cr.P.C was dispensed with.
8. I have heard the arguments advanced by Ld. APP for the state as well as the accused and perused the record.
9. In the present matter, the accused has been charged for the Page No.4 of 6 FIR No. 155/06 PS Narela U/s. 279/337 IPC Sate Vs. Narender Kumar offences punishable under Section 279/337 IPC. To prove a case U/s. 279/337 IPC against the accused, the prosecution has to prove the following facts: -
a) that the accused was driving the vehicle i.e bus bearing registration no. HP 01 1615;
b) that the accused was driving the said vehicle in rash and negligent manner and C) that while driving the said vehicle in the aforesaid manner, he caused simple injuries on the person of Mohd. Khokan Khekar @ Nasir.
10. In the present case to convict the accused testimonies of eye witnesses and injured are very crucial to sustain the conviction of the accused. As already discussed above, one of the public witnesses examined by the prosecution completely turned hostile and did not allege anything such as rash and negligent act of the accused. The witnesses also failed to identify the accused. In the present matter, Sh. Mohd. Khokhan Khekhar @ Nasir S/o Mohd. Ali is the injured in the present case. It is a matter of record that various times summons were issued to him through IO as well as through DCP office of the case but every time, this witness remained unserved and untraceable. Non-examination of the injured is fatal to the prosecution as he is the material witness as he could have identified the accused before the court and he could have deposed about the rash and negligent act of the accused.
Page No.5 of 6 FIR No. 155/06PS Narela U/s. 279/337 IPC Sate Vs. Narender Kumar
11. Hence after perusing the entire record in the absence of any incriminating evidence/testimony on record of any public witness against the accused and considering that all other witnesses are formal in nature, whose no amount of evidence can tantamount to conviction of the accused, the prosecution has miserably failed to prove the present case beyond any reasonable doubt against the accused.
12. Hence, in view of the discussion made above and after scanning the entire evidence, I have no hesitation to hold that the prosecution has failed to prove the case against the accused beyond reasonable doubt. Accordingly, benefit of doubt is being given to accused Narender Kumar & he is acquitted of the said offences U/s. 279/337 IPC.
13. Previous bail bond of accused is extended in terms of Section 437 A Cr.P.C.
14. File be consigned to Record Room after necessary compliance.
(SANDEEP GUPTA) Metropolitan Magistrate Rohini/Delhi Announced in open court today, Dated 26th June, 2014 Page No.6 of 6 FIR No. 155/06 PS Narela U/s. 279/337 IPC Sate Vs. Narender Kumar FIR No. 155/06 PS Narela U/s. 279/337 IPC Sate Vs. Narender Kumar 26.06.2014 Present : Ld. APP for the State.
Accused Narender Kumar on bail alongwith Ld. counsel. I have heard the arguments and perused the record. Vide separate judgment dictated to the steno in the open court, accused Narender Kumar is acquitted of the said offence U/s 279/337 IPC.
At request, bail bond of accused Kumar is extended in terms of Section 437 A of Cr.P.C.
File be consigned to Record Room, after due compliance.
(Sandeep Gupta) Metropolitan Magistrate Rohini/Delhi Page No.7 of 6