Delhi District Court
State vs . Subhash Sharma on 14 May, 2010
IN THE COURT OF SH. J.P. NAHAR, METROPOLITAN
MAGISTRATE, DELHI
FIR NO: 520/99
U/S: 279/337 IPC
P.S. : Timar Pur
STATE VS. SUBHASH SHARMA
-: JUDGMENT :-
Sl. No. of the case 36/2
Date of commission of offence 15.10.1999
Name of the complainant Sh. Mohan Kumar
S/o Sh. Ved Prakash
R/o Gali No. 16, Khasara No.
20/25, Kaushik Enclave, Burari,
Delhi.
Name, parentage and address Subhash Sharma
of the accused. S/o Sh. Paras Ram Sharma
R/o Khasara No. 136/14 Gali
No. 24, Sant Nagar, Burari.
Offence complained off U/s 279/337 IPC
Plea of accused Pleaded not guilty
Final order convicted
Date of order 14.05.2010
Date of final arguments heard 14.05.2010
BRIEF FACTS AND REASONS FOR DECISION :
1. The facts of the case in brief are that on 15.10.1999 at about 11.30 PM at a public way Burari Road, Jharoda Dairy within the jurisdiction of Police Station Timar Pur you were found driving Tractor ( Eicher) in a manner so rashly and negligently as to endanger human life and personal safety of others and on the aforesaid date time an place accused had caused injuries to Usha, Ashish, Santosh and Monoj and thereby committed an offence punishable under section 279/337 IPC.
2. The challan against the accused was filed on 07.12.1999 and accused was summoned. Notice was given to the accused u/s 279/337 IPC on 23.01.2001.
3. Parties heard and record perused.
4. The accused after recording of evidence from PW1 to PW5 has moved an application for pleading guilty u/s 279 IPC. His separate statement on plea of guilt is recorded. The plea of guilt is appearing to be voluntary. The accused is convicted u/s 279 IPC. Heard on sentence. Accused is sentenced to fine of Rs. 1,000/- IDSI 30 days, u/s 279 IPC.
5. The accused has compromised the matter u/s 337 IPC with the injured Santosh and the offence against injured Santosh u/s 337 IPC is allowed to be compounded. Separate statement of parties is recorded. The compromise deed is Ex. P1.
6. However, there are three more injured in the matter namely Smt. Usha, Sh. Manoj and Sh. Ashish. All the above injured are not traceable despite of sending of process for several time and today also the process is received unserved with the report that the above witness could not be traced. No other PW is present. PE is closed. Further opportunity as prayed by the prosecution for PE is declined.
7. The injured Smt. Usha, Sh. Manoj and Sh. Ashish are unserved despite of sending of process several times. Similarly, PW Bhagwana and Tarun Chopra are unserved as they are not traceable. In absence of the above injured person the offence u/s 337 IPC allegedly committed by the accused against the above injured person remains unproved in view of which no evidence is available qua the above injured person. In absence of the said evidence no incriminating evidence is available against the accused u/s 337 IPC and thereby SA is dispensed with. The accused Subhash Sharma is acquitted u/s 337 IPC in reference to injured Usha, Manoj and Ashish in view of the fact that the prosecution has failed to prove its case beyond reasonable doubt u/s 337 IPC qua injured Usha, Manoj and Ashish. The accused is acquitted u/s 337 IPC of the charge levelled against him qua injured Usha, Manoj and Ashish. Previous bail bond and surety bond stands discharged. Original documents be returned as per rules.
(Announced in the open court) Dated: 14.05.2010 (J. P. NAHAR) MM-01/North TIS HAZARI DELHI CC/FIR No. 520/99 P.S. Timar Pur STATE VS. SUBHASH SHARMA U/S 279/337 IPC 14.05.2010 Present: Ld. APP Shri J. S. Malik for the State.
No other PW is present today. Sufficient opportunity is granted to prosecution to bring evidence. Prayer for further opportunity is declined. PE is hereby closed.
Accused with Ld. counsel.
Vide separate judgment of even date, accused is convicted u/s 279 IPC and accused is acquitted u/s 337 IPC. The offence with accused and injured Santosh is allowed to be compounded u/s 337 IPC having effect of acquitted of the accused and qua the injured Usha, Manoj and Ashish. The PE is closed due to non-availability of witness and accused is acquitted u/s 337 IPC. Previous bail bond and surety bond stands discharged. Original documents be returned as per rules. File be consigned to Record Room.
(J. P. NAHAR) MM-01/North Delhi 14.05.2010