Delhi District Court
State vs Harish on 27 November, 2025
IN THE COURT OF DEVANSHI JANMEJA
JUDICIAL MAGISTRATE FIRST CLASS-4 (SOUTH-EAST)
SAKET COURTS, DELHI
1. 1. Unique I.D. No. : 91786/2016
2. Title of the case: : State Vs. Harish
FIR No. 274/2015, PS Govind Puri
3. Date of institution : 16.03.2016
4. Date of reserving Judgment : 27.11.2025
5. Date of pronouncement : 27.11.2025
JUDGMENT :
(a) The date of commission 28.02.2015
(b) The name of complainant SI Jitender Singh, No. 838-D, PS
Govind Puri, New Delhi
(c) The name & address of accused Harish S/o Bhudev Sharma, Ro
person 1393/2013, Govind Puri, Kalkaji,
New Delhi
(d) The offence complained of U/s 279/304A IPC
(e) The plea of the accused person Not guilty
(f) The final order Acquitted
(g) The date of such order 27.11.2025
BRIEF FACTS AND REASONS FOR DECISION
1. As per prosecution, on 28.02.2015 at about 11:00 PM at Okhla Estate road in front of Aggarwal Sweets, Mother Dairy, New Delhi within the jurisdiction of PS Govindpuri, accused Harish was found driving the vehicle i.e. motorcycle bearing registration no. DL-3SW-8279 in a rash and negligent manner so as to endanger Digitally FIR No. 274/2015 State Vs. Harish 1/6 signed by DEVANSHI DEVANSHI JANMEJA JANMEJA Date:
2025.11.27 16:22:19 +0530 human life and personal safety of others. Further, accused Harish while driving the aforesaid vehicle in the aforesaid manner, hit Sonu Kumar who was riding motorcycle bearing registration number DL-3SCN-7067 and caused his death and thereby the accused Harish committed an offence punishable u/s 279/304A of Indian Penal Code (hereinafter referred to as IPC). After completion of the investigation, a charge sheet was prepared and filed in the Court.
2. On the basis of the aforesaid charge sheet and annexed documents, cognizance was taken and the accused Harish was summoned to face trial. On appearance of the accused person, provisions of Section 207 of the Criminal Procedure Code (hereinafter referred to as "the Code") were complied with and after hearing arguments, charge qua the offence punishable under Section 279/304A of IPC was framed against the abovenamed accused person to which he pleaded "Not Guilty"
and claimed trial instead and accordingly, the case was fixed for prosecution evidence.
3. In order to prove its case, prosecution examined eight witnesses to substantiate the accusations against the accused person. PW- Gaurav Verma was dropped from the list of witnesses as his presence could not be secured by the prosecution despite service of summons through the office of SHO and DCP.
4. Shyam Lal Chaudhary deposed as PW-1. He deposed that on 01.03.2015 he received a call from the police official who told him about the accident of his son and called him in the AIIMS Trauma Centre. After coming to AIIMS, he identified the dead body of his son. He proved body handing over memo as Ex. PW1/A, superdarinama of motorcycle no. DL-3SCN-7067 as Ex. PW1/B and Panchnama of the motorcycle as Ex. PW1/C. FIR No. 274/2015 State Vs. Harish 2/6 Digitally signed by DEVANSHI DEVANSHI JANMEJA JANMEJA Date:
2025.11.27 16:22:25 +0530
5. ASI Radhey Shyam was examined as PW-2. He deposed that on 01.03.2015 at about 5:30AM, Ct. Sachin came with the rukka and he recorded the same in DD No. 65-A and made endorsement on the same as Ex. PW2/A. He proved copy of FIR as Ex. PW2/B. He proved certificate under Section 65-B of Indian Evidence Act as Ex. PW2/C.
6. Tasnimuddin Siddiqui was examined as PW-3. He deposed that on 02.03.2015, he proved report of motorcycle bearing registration number DL-3SCN- 7067 as Ex. PW3/A and report of motorcycle bearing registration number DL-3SW- 8278 as Ex. PW3/B.
7. ASI Yadram was examined as PW-4. He deposed that on 28.02.2015, he proved original DD register vide DD No. 59A as Ex. PW4/A.
8. Ganesh was examined as PW-5. He deposed that he knew Sonu Kumar as his neighbour. He deposed that he did not see the accident nor was he present at the place of accident. He failed to identify the accused when Ld. APP pointed out the accused present in the Court.
9. SI Jitender Singh was examined as PW-6. He deposed that on 28.02.2015, he received DD No. 59B. Thereafter, he along with Ct. Sachin proceeded to the spot where the accident took place where they saw the motorcycle of DL-3SCN-7067 and the injured had already gone to the hospital Thereafter, they went to the hospital i.e. Trauma Centre and received DD No. 62A Ex. PW6/A. Thereafter, he collected the MLC of victim/deceased. In the MLC, it was mentioned that the victim was brought dead. Thereafter, he again proceeded to the spot. Thereafter, he tried to join the Digitally signed FIR No. 274/2015 State Vs. Harish 3/6 DEVANSHI by DEVANSHI JANMEJA JANMEJA Date: 2025.11.27 16:22:31 +0530 public persons who were present when the accident took place but the same could not be traced. Thereafter, he prepared rukka on DD No. 59B and Ct. Sachin was sent to PS for registration of FIR. Accordingly, site plan Ex. PW6/B was prepared. Thereafter, Ct. Sachin came to the spot along with FIR and original rukka. Thereafter, he prepared the seizure memo of motorcycle bearing no. DL-3SCN-7067 Ex. PW6/C. Thereafter, the case property was taken to PS and submitted with malkhana. Thereafter, he along with Ct. Sachin went to get the postmortem done of the deceased Ex. A-4. Thereafter, the dead body was handed over to the father of the deceased vide memo Ex. PW1/E. On 02.03.2015 he got the case property i.e. motorcycle inspected from the Mechanical Inspector and recorded his statement under Section 161 Cr. P.C. On 18.03.2015, he got the statement of eye-witness Ganesh recorded under Section 161 Cr. P.C. Thereafter, he looked for the vehicle which caused the accident and got to know the name of the owner i.e. Jasbir. Thereafter, he gave notice under Section 133 MV Act to the owner already Ex. A-1.
On 30.03.2015 the owner replied to the notice. Thereafter, he prepared seizure memo of motorcycle bearing no. DL-3SW-8279 and RC and insurance of the said motorcycle and the same is Ex. PW6/E and Ex. PW6/F. Thereafter, on the same day, he arrested the accused vide arrest memo Ex. PW6/G and he was released on bail vide Ex. PW6/H. Thereafter, he seized the licence of the accused vide memo Ex. PW6/I. Thereafter he recorded the statement of Ct. Inraraj.
On 31.03.2015 he got the motorcycle of the accused inspected by Mechanical inspector. Thereafter accused was taken for TIP on 08.04.2015. After collection of post mortem report, he prepared the charge sheet and deposited the same in the Court.
10. PW-7 HC Sachin deposed on the similar lines as of PW-6 SI Jitender Singh.
FIR No. 274/2015 State Vs. Harish 4/6
Digitally signed
by DEVANSHI
DEVANSHI JANMEJA
JANMEJA Date:
2025.11.27
16:22:37 +0530
11. HC Inder Raj was examined as PW-8. He deposed that on 30.03.2015 he was on emergency duty when the owner of the accidental motorcycle bearing no. DL- 3SW-8279 Jasbeer Singh came at the PS on the notice under Section 133 of MV Act. Accused Harish was present at the PS along with owner of the motorcycle. He proved arrest memo of accused as Ex. PW6/G, bail bonds Ex. PW6/H, seizure memo of driving license is Ex. PW6/F, seizure memo of motorcycle as Ex. PW6/D, seizure memo of photocopy of RC as Ex. PW6/E. He proved insurance copy of the motorcycle as Ex. PW8/A.
12. Accused admitted mechanical inspector report as Ex.A-1, MLC bearing no. 500091736 as Ex. A-2, FIR No. 48/2018 as Ex. A-3 under Section 294 Cr. P.C.
13. During the course of final arguments, it has been argued by Ld. APP for the State that the prosecution has proved its case beyond reasonable doubts and the accused be convicted. On the other hand, Ld. Counsel for the accused has argued that the accused has been falsely implicated in the present case and the prosecution has miserably failed to prove its case beyond reasonable doubts.
14. I have carefully heard the submissions of the Ld. APP for the State and the Ld. Counsel for the accused and have perused the entire evidence on record.
15. PW- Ganesh the only public witness who was examined by the prosecution did not support the prosecution version of the case, as he categorically denied witnessing the accident and failed to identify the accused despite Ld. APP pointing to accused present in the Court.
PW- Gaurav Verma who was the only other independent public witness, was FIR No. 274/2015 State Vs. Harish 5/6 Digitally signed by DEVANSHI DEVANSHI JANMEJA Date: JANMEJA 2025.11.27 16:22:41 +0530 dropped from the list of witnesses as his presence could not be secured by the prosecution despite service through the office of SHO and DCP. Further, prosecution has failed to examine even a single witness who saw the accident taking place. Further prosecution has failed to clarify why no public witness was examined as a witness despite the place of accident being a public place. Further, PW Ganesh has categorically deposed that IO did not record his statement under Section 161 Cr. P.C. whereas IO i.e. Retd. SI Jitender Singh deposed that he recorded the statement of PW Ganesh under Section 161 Cr. P.C., which though pertinently was never led in evidence by the prosecution. Hence, there is no evidence on record to prove any of the allegations against the accused person.
16. The onus and duty to prove the case against the accused is upon the prosecution and the prosecution must establish the charge beyond reasonable doubt. It is also a cardinal principle of criminal jurisprudence that if there is a reasonable doubt with regard to the guilt of the accused, the accused is entitled to benefit of doubt resulting in acquittal of the accused. Reference may also be made to the judgment titled as Nallapati Sivaiah v. Sub Divisional Officer Guntur reported as VIII (2207) SLT 454 (SC).
17. For the forgoing reasons, I hold that the prosecution has failed to prove its case against the accused beyond reasonable doubt. Benefit of doubt is given to the accused. Accordingly, the accused namely Harish is acquitted for the offence punishable Under Section 279/304A IPC.
ANNOUNCED IN THE OPEN (DEVANSHI JANMEJA) COURT ON 27.11.2025 JMFC-4/SOUTH-EAST/SAKET COURTS/DELHI 27.11.2025 FIR No. 274/2015 State Vs. Harish 6/6 Digitally signed by DEVANSHI DEVANSHI JANMEJA JANMEJA Date:
2025.11.27 16:22:46 +0530