Delhi District Court
State vs . Bijender Kumar on 28 January, 2015
State Vs. Bijender Kumar
IN THE COURT OF MS. SHREYA ARORA MEHTA,
METROPOLITAN MAGISTRATE (SOUTH) 05,
SAKET COURTS, NEW DELHI
State versus Bijender Kumar
FIR No. 494/2005
PS Mehrauli
U/s 279/304A IPC
JUDGMENT
1 Serial No. of the case : 800/1/05
2 Date of commission : 17.08.2005
3 Date of institution of the case : 17.02.2007
4 Name of complainant : HC Ram Prasad
5 Name of accused : (i) Bijender Kumar
son of Mr. Gajraj Singh
r/o 46, Haddu Mohhala,
Village Madanpur
Khadar, New Delhi.
6 Offence complained of : 279/304A IPC
7 Plea of accused : Pleaded not guilty
8 Arguments heard on : 28.01.2015
9 Final order : Acquitted
10 Date of judgment : 28.01.2015
BRIEF FACTS AND REASONS FOR DECISION
1. Succinctly, the facts of the present case are that on 17.08.2005 at unknown time, at village Fatehpur Beri FIR No. 494/2005 PS: Mehrauli 1 of 5 State Vs. Bijender Kumar main road near house of Choudhary Mamchand, Mehrauli, New Delhi accused Bijender Kumar was driving vehicle bearing registration no. HR 18 5660 (hereinafter referred to as the offending vehicle) in a rash and negligent manner so as to endanger human life and personal safety of others and while driving the said vehicle in aforesaid manner the accused hit against a scooter bearing registration number DL 5SQ 0488 and caused the death of Rajpal not amounting to culpable homicide. Hence, the accused is facing trial for the offences punishable under Section 279/304A of the Indian Penal Code, 1860.
2. On the basis of the said allegations and on the basis of the complaint of the complainant HC Ram Parsad, FIR bearing number 494/2005 was registered under section 279/304A of the Indian Penal Code, 1860 at Police Station Mehrauli. The investigation was completed and charge sheet was filed on 17.02.2007 against the accused under Section 279/304A of the Indian Penal Code, 1860. Cognizance was taken and provision of Section 207 Cr.PC was complied with.
3. On the basis of the prima facie material available on FIR No. 494/2005 PS: Mehrauli 2 of 5 State Vs. Bijender Kumar record, notice under Section 279/304A of the Indian Penal Code, 1860 was served upon the accused Bijender Kumar on 07.07.2008 to which he pleaded not guilty and claimed trial.
4. Thereafter the matter was listed for prosecution evidence. The prosecution has examined one witness PW1 ASI Ajit Singh who mechanically inspected the offending car and scooter Ex.PW1/A and Ex. PW1/B. On 21.02.2011, the statement of accused under Section 294 Cr.PC was recorded whereby the accused did not dispute the genuineness of FIR No. 494/2005 PS Mehrauli Ex.F, DD entry No. 8 dated 17.08.2005 Ex.D, mechanical inspection report dated 18.08.2005 Ex.MIA and Ex.MIB, MLC bearing number 1676 dated 17.08.2005 of deceased Raj Pal Sharma Ex.ML, PM report number 961/05 dated 17.08.2005 of deceased Raj Pal Sharma Ex.PM, Dead body identification statements of witnesses Mr. Ombir @ Omi and Mr. Deepak Sharma Ex.A and Ex.B. Without giving warning to the accused one question under Section 313 Cr.PC was put to the accused with respect to the delivery of the case property i.e. vehicle bearing number HR 18 5660 (Mercede Bens Car) and DL 5SQ 0488. Accused admitted that the same was released on FIR No. 494/2005 PS: Mehrauli 3 of 5 State Vs. Bijender Kumar superdari to AR of the company i.e. M./s Sea Shell Marketing Pvt. Ltd., and to Mr. Dani @ Raju Sharma and he does not want the physical production of this vehicle Ex.S1 and Ex.S2 respectively.
5. This court vide order dated 28.01.2015 closed the prosecution evidence observing that no purpose would be served in continuing with the other formal witnesses since the main complainant is not traceable.
6. Statement of accused under Section 313 read with 281 Cr.PC recorded on 28.01.2015 in which the accused stated that he do not want to lead defence evidence.
7. Final arguments advanced by counsel for the accused persons and Ld. APP for the State.
8. On various occasions, summons and bailable warrants were issued against PW Chamanlal through various modes including the office of DCP (South) received back unexecuted with the report that he is untraceable. Since the prosecution has failed to examine the main witness, there is nothing on record to establish the guilt of the accused Bijender Kumar under Section 279/304A of the FIR No. 494/2005 PS: Mehrauli 4 of 5 State Vs. Bijender Kumar Indian Penal Code, 1860. Thus, the prosecution has failed to establish the guilt of the accused beyond reasonable doubt. Hence, no grounds are found to hold the accused guilty of the offences as charged.
9. The accused Bijender Kumar is acquitted of the charges leveled against them. Previous bail bond of accused persons in compliance of section 437A Cr.PC to remain in force for a period of six months from today.
10.File be consigned to the record room.
Announced in the open (SHREYA ARORA MEHTA) court on 28.01.2015 MM5 (South), Saket Courts, New Delhi Certified this judgment contains five pages and each page bears my signatures.
(SHREYA ARORA MEHTA)
MM5 (South), Saket Courts,
New Delhi/28.01.2015
FIR No. 494/2005 PS: Mehrauli 5 of 5