Delhi District Court
State vs . Mohd. Shafiq on 3 December, 2013
IN THE COURT OF SH. DEVENDER KUMAR, ACMM/NORTH EAST :
KARKARDOOMA COURTS, DELHI
State Vs. Mohd. Shafiq
FIR No : 306/00
U/S : 279/338 IPC
PS : New Usman Pur
1. Serial No. of the case : 923/02/12
2. Date of commission of offence : 21.11.2000
3. Date of institution of the case : 01.02.2002
4. Name of the complainant : Vinod Kumar
S/o Sh. Rameshwar
R/o J1351, Lal Mandir wali
gali, Kartar Nagar, Delhi.
5. Name of accused & address : Mohd. Shafiq
S/o Sh. Kamruddin
R/o E323, Gali no. 10,
Shastri Park, Delhi.
6. Offence complained or proved : U/s. 279/338 IPC
7. Plea of the accused : Pleaded not guilty
8. Date of arguments : 03.12.2013
9. Date of judgment : 03.12.2013
10. Final order : Convicted
11.Brief statement of the reason for decision :
FIR No. 306/00 State Vs. Mohd. Shafiq 1/5
JUDGMENT:
Vide this judgment, I shall decide this case under Section 279/338 IPC. Brief facts of the prosecution case are as under :
1. Prosecution has alleged that on 21.11.2000 at about 11.02 am at 5 th Pusta, near Power House, Yamuna Pusta Road, Delhi, accused was allegedly driving a TSR bearing no. DLIRB6283 in rash and negligent manner as to endanger human life and personal safety of others and hit against other TSR bearing No. DL1RA4470 and caused accident and passengers namely Vinod, Ahmad, Surender, Parkash, Ranjeet and Yaseen sustained injuries. Police arrested the accused and chargesheeted under section 279/338 IPC.
2. Accused appeared before this Court and after compliance of Section 207 IPC, charges under section 279/338 IPC were framed against him vide order dated 23.08.2002 and he pleaded not guilty and claimed trial.
3. To prove the case, prosecution has examined PW1 Vinod Kumar, PW2 Surinder, PW3 HC Ram Mehar, PW4 ASI Vishnu Singh, PW5 ASI Brijpal, PW6 SI Shiv Dutt, PW7 SI Inderjeet Singh, PW8 Dr. Aditya Aggarwal, PW9 Dr. L. Upreti and closed PE. After closure of PE, Statement of accused u/s 313 Cr.PC was recorded. Accused has not led any defence FIR No. 306/00 State Vs. Mohd. Shafiq 2/5 evidence.
4. I have heard the arguments and perused the record. The accused has been chargesheeted under Section 279/338 IPC. To prove these allegations, prosecution has examined PW1 Vinod Kumar who has deposed that on 21.11.2000, he was coming from Khajuri chowk to his house by TSR Sitara bearing No. DL1RA4470 and at about 11.00 am one TSR bearing No. DL1RB 6283 coming from Shastri Park towards Khajuri, and driver of the said TSR was driving the TSR in a very rash and negligent manner and at a very high speed. It is further deposed that the driver of TSR Sitara bearing No. DL1RA4470 tried to save, but accused hit against the said TSR and caused accident. The passengers sustained injuries including accused. PW1 could not disclose the complete registration number of the vehicle. PW2 Surinder has also deposed the same facts, but again could not tell the complete registration number of the vehicle.
PW3 HC Ram Mehar has deposed that on 21.11.2000, he received the DD entry No. 6A and visited the spot alongwith ASI Shiv Dutt and saw that two TSR No. DL1RB 6283 and other TSR No. DL1RP 4470 were lying in th accidental condition at 5 Pusta. It is further deposed that injured had already been removed to GTB Hospital by PCR van and both the TSR were seized by the police. PW5 ASI Brij Pal received the PCR call and also saw both the abovesaid TSR in accidental conditions, and removed to GTB Hospital. PW6 FIR No. 306/00 State Vs. Mohd. Shafiq 3/5 SI Shiv Dutt has also deposed that he visited the place of incident and saw both TSR in accidental conditions. It is further deposed that there were seven injured including accused who were hospitalized. It is further deposed that he recorded the statement of injured vide Ex. PW1/A and prepared tehrir Ex. PW6/B and got registered FIR Ex. PW4/A through PW3. Both TSR were seized vide memo Ex. PW3/A. PW6 served a notice u/s 133 of MV Act upon the owner Anwar Khan who replied vide Ex. PW6/C1. Accused was arrested after discharging from hospital and his personal search was conducted vide memo Ex. PW6/C and the documents of offending vehicle was seized vide memo Ex. PW6/D alongwith DL vide Ex. PW6/E. Vehicle No. DL1RB6283 was got released on superdari vide superdarinama Ex. PW6/H.
5. In view of the testimonies of PW3, PW5 and PW6, it is well proved that the accident caused by the offending vehicle registration No. DL1RB 6283 driven by the accused. PW1 and PW2 have deposed that the vehicle was being driven in rash and negligent manner, but they could not depose the complete registration number of offending vehicle. However, PW3, PW5 and PW6 found the same TSR in accidental condition and PW6 seized the same vide memo Ex. PW6/B. Further, the owner also got it released on superdari which clearly proved that only one TSR was seized by the police which caused accident and it was being driven by the accused. Besides it, accused has also admitted during SA that he was driving the offending vehicle and FIR No. 306/00 State Vs. Mohd. Shafiq 4/5 caused accident, but he has taken a plea that the accident took place due to the break failure, but mechanical inspection report of the offending vehicle, which is not a disputed document, has no such finding that the accident took place due to break failure. As such, it stands proved that the accused was driving the offending vehicle in rash and negligent manner and caused accident. He is liable and convicted u/s 279 IPC.
6. So far the offence u/s 338 IPC is concerned, accused has compounded the offence u/s 338 IPC with PW1 and PW2 and the same has been allowed by the Court. The other injured left the last known address, due to they could not be examined by the Court, accordingly prosecution could not proved this offence against the accused and accused is hereby acquitted towards this offence u/s 338 IPC.
Announced in open Court (DEVENDER KUMAR)
rd
on 3 December, 2013 ACMM (North East)
Karkardooma Courts, Delhi
FIR No. 306/00 State Vs. Mohd. Shafiq 5/5