Delhi District Court
Fir No. 57/98 vs Act on 21 July, 2010
FIR No.57/98. Page No.1
IN THE COURT OF SH. GAUTAM KANT NIMAAN, METROPOLITAN
MAGISTRATE ,ROHINI COURTS : DELHI
FIR NO. 57/98.
U/s 279/337 IPC & 185, 3/181 M. V. Act.
P.S. Mukherji Nagar.
JUDGMENT:
A: SL NO. OF THE CASE : 271/2.
B: DATE OF OFFENCE : 08/03/1998.
C: NAME OF THE COMPLAIANT : Sh. Vishva Nathan S/o.
Sh. Chalapan.
D: NAME OF THE ACCUSED : Hari Singh S/o Sh.
Jawahar Singh.
E: OFFENCE : 279/337-IPC & 185,
COMPLAINED OFF 181/3 M. V. Act.
F: PLEA OF ACCUSED : Pleaded not guilty.
G: FINAL ORDER : Convicted.
H: DATE OF SUCH : 21.07.2010.
ORDER
BRIEF REASONS FOR DECISION:
1. Accused is facing trial on the allegations of the prosecution that on 08/03/1998 at about 5.00 p.m in front of Haryana Roadways Depot, BBM Road, Delhi he was found driving vehicle no. DNH-4655 in so rash and negligent manner so as to endanger human life and personal safety of others and while driving the aforesaid vehicle in aforesaid manner he hit to Vishwa Nathan and caused simple injuries and thereby committed an offence punishable FIR No.57/98. Page No.2 under section 279/337 of IPC. Secondly, on the same date, time and place you accused Hari Singh was driving the abovesaid Maruti Car under the influence of liquor and also without any DL and there committed an offence punishable under section 185 and 3/181 M. V. Act.
2. After completion of the usual investigation charge sheet was filed in the court. Copies were supplied to the accused.
3. After hearing the arguments on notice, notice u/s 251 Cr.P.C. was served upon the accused by the Ld Predecessor of this court to which he pleaded not guilty and claimed trial.
4. In order to prove its case prosecution has examined PW-1 Vishwa Nathan, who deposed that on 08/03/1998, he was was going to take vegetable from Indira Vihar and when he reached near Haryana Roadways, Depot at 5.00 p.m., his accident took place with one Maruti Car. The car was in the high speed. The hit him from behind. The accident took place due to the negligence of the accused. Police came there. He took hospital by PCR van. His statement Ex.PW-1/A was recorded at hospital.
5. PW-2. HC . Narain Dutt, who deposed that on 08/03/98, he was posted at PS . Mukherji Nagar, as DO from 5.00 p.m to 1.00 FIR No.57/98. Page No.3 a.m and on that day, at about 7.30 p.m., Ct. Shish Pal brought a rukka sent by HC Mahavir upon which he registered FIR copy of which is Ex.PW-2/A.
6. PW-3. ASI Devender Kumar, who deposed that on 09/03/98, he had mechanically inspected one maruti car bearing no.DNH-4655, at PS . Mukherji Nagar at the request of HC . Mahavir Singh and issued his report Ex.PW-3/A.
7. PW-4. Kamal Kishore who deposed that the 9incident relates back to the year 1998. It was evening time. He was going to his shop at near Sewa Kutir. When he reached BBM Road, Near Miglani Hotel a maruti can being driven by accused came in a high speed from the side of Mall Road and hit a person aged about 39-40 years who was crossing BBM Road from the side of Haryana Roadways Depot from behind due to which the front mirror of the maruti car/window screen of the maruti car was broken and the injured was forced to come inside the car. He was seriously injured. In the meantime somebody informed the police and police came there. The name of the accused was known as Hari Singh. He told the police about the accident and he also identified the accused at the spot at BBM Road and told the IO that accused Hari Singh had FIR No.57/98. Page No.4 caused the said accident as he drove his car in question at a very high speed and in a rash and negligent manner.
8. PW-5. Ct. Shish Pal, who deposed that on 08/03/98, he was posted at PS . Mukherji Nagar and he alongwith HC . Mahavir Sigh were on emergency duty. One call was received in the evening. On the receipt of DD No.12 A regarding accident, he alongwith the IO went to the spot at BBM Road in front of Haryana Roadways Depot. Where they found Ct. Shiv Kumar already present at the spot. One Maruti Car bearing no.DNH-4655 was found in accidental condition. Accused was also present at the spot and under the influence of liquor. The injured was taken to the hospital. IO prepared the form of medical examination of the accused and he was sent for medical examination of the accused. He got the accused medically examined. In the meanwhile, IO also reached the hospital and recorded the statement of complainant Vishwa Nath. He handed over the MLC of the accused to the IO in hospital. IO prepared the rukka and sent him for registration of the case. He got the case registered and went to the spot and handed over the copy of FIR and original rukka to the IO. IO seized the maruti car in his presence vide seizure memo Ex.PW-5/A. The DL of the accused was seized in his presence which FIR No.57/98. Page No.5 is Ex.PW-5/B. RC of the car was seized in his presence vide Ex.PW- 5/C. The accused was arrested in his presence vide arrest memo Ex.PW-5/D and his personal search was conducted vide personal search memo Ex.PW-5/E.
9. PW-6. Dr. Darbari Lal, CMO, HRH, who deposed that on 08/03/98, he was CMO at HRH and injured Vishwanathan was brought by the police there. He had examined him and after examination the injured was referred to EMO (S) and EMO (O). He prepared the MLC No.2875/98 which is Ex.PW-6/A.
10. PW-7. Ct. Shiv Kumar, who deposed that on 08/03/98, he was posted at PS . Mukherji Nagar as constable. He was on duty from 9.00 a.m to 4.00 p.m at T-point University ground and after his duty hours, he was coming towards PS . Mukherji Nagar, Delhi. When he reached near Haryana Roadways BBM Depot, he saw that there was a crowd there. He saw that one Maruti Car bearing no.DNH-4655, was standing at the spot and he came to know that the said vehicle had caused an accident of a person and the injured had been taken to hospital. The accused was also present there at the spot. In the meantime H/Ct. Mahavir and Ct. Shishpal also came there. At the spot as somebody called the police at 100 number. The accused was FIR No.57/98. Page No.6 also sent to hospital through Ct. Shishpal as he was smelling liquor. IO gone to hospital and the rukka was given to Ct. Shishpal for registration of the case who came back at the spot and handed over the copy of FIR and tehrir to the IO. The maruti car was taken into possession vide memo Ex.PW_5/A. DL of the accused was taken into police possession vide memo Ex.PW-5/B. RC was also taken into police possession of the said car vide Ex.PW-5/C. The was arrested vide arrest memo Ex.PW-5/D and personal search of accused is Ex.PW-5/E. His statement was recorded.
11. PW-8. Dr. G. B. S. Kohli, Medical Officer, who deposed that on 08/03/98, patient Vishwa Nathan S/o Sh. Chalapan who was aged about 35 years male came to the hospital with alleged history of road side accident simple injury given by Dr. He has worked with him. He identified his signature at Mark A as he has seen his signature.
12. PW-9. ASI . Mahavir Singh, who deposed that on 08/03/98, he was posted at Mukherji Nagar as HC and on that day on receipt of DD No.12-A, he alongwith Ct. Shishpal went to the spot of the accident in front of BBM Road Haryana Roadways Depot. Ct. . Shive Kumar was already present at the spot with the vehicle FIR No.57/98. Page No.7 involved in accident Maruti Car No. DNH-4655 alongwith its driver Hari Singh. Hari Singh was under the influence of liquor. He came to know that injured had been removed to the hospital. He left constable Shiv Kumar at the spot and prepared injury sheet of the accused and took him with him to HRH. Constable Shishpal also accompanied him. He came to know that injured Vishwanathan was already admitted for treatment. He obtained his MLC and his further examination in chief was deferred as Ld. P. O. was to proceed for remand duty.
13. Thereafter the PE was closed and matter was fixed for recording statement of accused. On 24/10/09 the statement of accused was recorded and matter was fixed up for final arguments. After that on 30/10/09 the Ld. APP for statement had moved an application under section 313 Cr. P. C for recalling the witness ASI Mahavir Sing who was IO of the present case and his examination in chief was deferred. SI . Mahavir Singh has examined and discharged on 29/01/10. In his statement of accused, the accused has stated that he has been falsely implicated in this case and he does not want to lead any defence evidence.
14. Before reaching at the conclusion let the section FIR No.57/98. Page No.8 279 IPC , and 338 IPC be reproduced which are as under:
Section 279 IPC:-
"Rash driving or riding on a public way - Whoever drives any vehicle,or rides, on any public way in a manner so rash and negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both."
Section 338 IPC:-
"Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
To prove the offence u/s 279 IPC the following ingredients are required to be proved:
i).Driving of a vehicle , or riding on a public way.
ii).Such driving or riding must be so rash or negligent as to endanger human life or to be likely to cause hurt or injury to any other person.
To prove the offence u/s 337 and 338 IPC the following FIR No.57/98. Page No.9 ingredients are required to be proved:
i).There should be negligent act;
ii).Through that act of rash and negligent , simple hurt / grievous injuries should have been taken place.
Section 181 Driving vehicles in contravention of section 3 or section 4 Whoever drives a motor vehicle in contravention of section 3 or section 4 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Section 185 Driving by a drunken person or by a person under the influence of drugs Whoever, while driving, or attempting to drive, a motor vehicle, --
(a). has, in his blood, alcohol, exceeding 30 mg. Per 100 ml. of blood detected in a test by a breath analyser, or.
(b). is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent FIR No.57/98. Page No.10 offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both.
15. During examination of PW-1. Vishwanath who is complainant/injured has specifically stated that the accused was driving the car at very high speed and he has also identified the accused. He has further stated that the accident was took place due to negligence of accused. PW-2. HC . Narain Dutt, has stated that he was duty officer on that day and has registered the present case FIR and identified his signatures and handwriting. PW-3. ASI . Devender Kumar has stated that he had mechanically inspected one maruti car bearing no.DNH-4655 and furnish his report in this regard Ex.PW- 3/A. PW-4. Kamal Kishore has stated that the offending vehicle i.e maruti car was driven by accused at very high speed in rash and negligent manner. He has also identified the accused in the court. However, cross-examination of PW was deferred as he engaged a lawyer. PW-5. Ct. Shish Pal has stated that he has taken injured to the hospital and has got medically examined the injured. He got the FIR No.57/98. Page No.11 case registered and went to the spot and handed over the copy of FIR and original rukka to the IO. He further stated that IO seized the maruti car in his presence vide seizure memo Ex.PW-5/A, DL of accused in his presence vide seizure memo Ex.PW-5/B, RC of accused in his presence vide seizure memo Ex.PW-5/C. The accused was arrested in his presence vide arrest memo Ex.PW-5/D. The personal search of the accused was also conducted vide search memo Ex.PW- 5/E. He was not cross-examined by the accused. PW-6. Dr. Darbari Lal, CM/ HRH, was examined and in his deposition he has deposed that on 08/03/98 the injured Vishwanathan was brought by the police and he had examined the injured and referred to EMO (S) and EMO (O) and prepared MLC No.2875/98 which is Ex.PW-6/A, bearing his signature at point A. PW-7. Ct. Shiv Kumar has deposed on the same line regarding identity of the accused and vehicle. He further submitted that accused was sent to hospital through Ct. Shishpal Singh as he was smelling liquor. PW-8. Dr. G. B . S. Kohli,/MO, Department of Orthopedician, HR Hospital had deposed that on 08/03/98 patient Vishwanathan came to the hospital with alleged history of road side accident and he has identified the signature at Mark A and he has also submitted that he has seen his FIR No.57/98. Page No.12 signature. PW-9 ASI Mahavir Singh has conducted the entire investigation of the present case.
16. In view of the aforesaid facts and circumstances and perusal of the record , it is clear that the prosecution has able to prove that the injured suffered the injuries due to the vehicular accident which was being driven by the accused in a rash and negligent manner, as discussed herein above. It is pertinent to mention here that accused has not cross-examined the prosecution witnesses. In view of the aforesaid observation, facts and circumstances of the case, I hold that prosecution proved the ingredients of section 279/337 IPC and 185 MV Act against the accused beyond the shadow of doubt . Accused Hari Singh is, therefore, stands convicted for committing offence punishable u/s 279/337 IPC and 185 MV Act.
ANNOUNCED IN THE OPEN COURT TODAY i.e : 21/07/10.
(GAUTAM KANT NIMAAN) METROPOLITAN MAGISTRATE ROHINI/DELHI.
FIR No.57/98. Page No.13IN THE COURT OF SH. GAUTAM KANT NIMAAN :METROPOLITAN MAGISTRATE : ROHINI : DELHI .
21/07/10.
ORDER ON SENTENCE Present : Ld. S. APP for state.
Accused in person.
Heard on the sentence. The convict has requested for the lenient view to be taken against him submitting that he is not a previous convict and he has to look after his family and a lenient view is prayed for. He has assured the court he shall not commit any offence in future. Moreover, he is facing trial from last 12 years.
Heard. In the facts and circumstances of the case, I am of the opinion that the accused is convicted for offence punishable under section 279/337 of IPC, 185 MV Act and directed to pay fine of Rs.1000/- under section 279 IPC, Rs.500/- under section 337 IPC and Rs.1000/- under section 185 M. V. Act, I/D 20 days S.I with TRC. Fine paid. File be consigned to Record Room.
Announced in the open court on 21/07/10.
(G. K. NIMAAN) METROPOLITAN MAGISTRATE DELHI FIR No.57/98. Page No.14 FIR NO. 57/98.
U/s.279/337 IPC.
P.S. Mukherji Nagar.
21/07/10.
Present : Ld. S. APP for state.
Accused with counsel.
Heard. Record perused.
Vide separate judgment accused is convicted for offence punishable under section 279/337 of IPC, 185 MV Act and directed to pay fine of Rs.1000/- under section 279 IPC, Rs.500/- under section 337 IPC and Rs.1000/- under section 185 M. V. Act, I/D 20 days S.I with TRC. Fine paid. File be consigned to Record Room.
(G.K. Nimaan) MM/ROHINI/DELHI 21.07.10