Delhi District Court
State vs Sarvesh on 28 April, 2025
IN THE COURT OF SH. ANKIT KARAN SINGH, JUDICIAL MAGISTRATE
FIRST CLASS-08, WEST DISTRICT, ROOM NO. 30, TIS HAZARI, DELHI.
FIR No. : 348/2017
U/s : 279/337/338 IPC
P.S. : Ranhola
State Vs. Sarvesh
JUDGMENT:
a) CNR No. : DLWT02-013887-2017 b) Sl. No. of the Case : 6353/2017
c) Name & address of the complainant : Narender S/o Jagdish
d) Name & address of accused : Sarvesh S/o Badan,
R/o Village Simiyahi, PS Sursand, Distt
Sitamarhi, Bihar.
e) Date of Commission of : 11.06.2017
offence
f) Offence complained off : u/S 279/337/338 IPC
g) Plea of the accused : Pleaded not guilty.
h) Final Order : Convicted
i) Date of such order : 28.04.2025
j) State Represented by : Sh. Priya Narang, Ld. APP.
Date of Institution : 13.10.2017
Final arguments heard on : 29.03.2025
Judgment Pronounced on : 28.04.2025
FIR No. 348/2017 State V. Sarvesh 1/9
JUDGEMENT
1. Briefly stated, case of the prosecution is that on 11.03.2017 at about 11.00 am at Najafgarh, Nagloi Road (towards Nangloi from Najafgarh), near Bakkarwala Mod, Delhi within the jurisdiction of PS Ranhola, accused was driving a truck bearing no. DL- 1GC-6618 in a manner so rash or negligent as to endanger human life and personal safety of others and accused was driving the aforesaid vehicle in the aforesaid manner, you hit it against one motorcycle bearing no. HR-14K-4030 and caused simple injuries to complainant Narender and grievous injuries to his cousin / pillion rider Sh. Sunil.
2. After investigation, challan for offence 279/337/338 IPC was filed. The compliance of Section 207 Cr.P.C was done.
3. Notice for committing the offence punishable under Section 279/337/338 IPC was framed against accused on 16.10.2018 to which he pleaded not guilty and claimed trial.
4. To substantiate its case, the prosecution examined five witnesses.
5. PW-1 Narender deposed that PW1 alongwith his cousin brother namely Sunil were coming from the side of Najafgarh and going towards Nangloi on motorcycle no. HR 14K 4030. It is further stated by PW1 that PW1 was riding the said bike and his brother was sitting as pillion rider. When they reached near Bakkarwala Mod, one truck bearing registration No. DL 1GC 6618 came from behind and hit their motorcycle from FIR No. 348/2017 State V. Sarvesh 2/9 behind due to which PW1 alongwith his brother fell down on the road. It is further stated by PW1 that the tires of the above said truck ran on the both hands of his brother and PW1 sustained injuries on his elbow and on his hip area. It is further stated by PW1 that the driver of the offending truck came to see them and thereafter accused fled away from the spot leaving behind the offending truck. It is further stated by PW1 that PW1 saw the driver of the truck when driver came to see them. It is further stated by PW1 that thereafter, the public persons who had gathered at the spot called the police and the police officials removed him and his brother to one Rathi Hospital where they were medically treated. It is further stated by PW1 that PW1 narrated the whole incident to the police which was reduced into writing vide Ex.PW-1/A. It is further stated by PW1 that IO prepared the site plan at his instance vide Mark A-1.
6. PW-2 Ct. Rajiv Kumar deposed that on 11.06.2017, PW2 was posted at PS Ranhola as Ct. It is further stated by PW2 that on that day, IO ASI Naresh received DD No. 33A dated 11.06.2017 Mark-2/A regarding accident and injured at Village Baprola, Bakkarwala Chowk. It is further stated by PW2 that PW2 alongwith IO went to the above said spot where they found one TATA truck bearing registration No. DL 1GC 6618 and one motorcycle bearing registration No. HR14K4030 of make Hero Splender in accidental condition and the driver of the offending truck was available at the spot. It is further stated by PW2 that IO took the photographs of the spot from his mobile phone. It is further stated by PW2 that IO made inquiry from the public persons and also about the FIR No. 348/2017 State V. Sarvesh 3/9 injured and came to know that injured have been removed to some unknown hospital. It is further stated by PW2 that IO also made inquiry from accused driver. It is further stated by PW2 that in the meantime, IO received information regarding the admission of victim at Rathi Hospital. It is further stated by PW2 that IO asked Ct. Rajiv to secure the spot and IO himself went to the above said hospital. It is further stated by PW2 that after some time, IO returned to the spot and IO prepared the rukka and handed over the same to PW2 which PW2 took to PS, got the case registered and came back with copy of FIR and original rukka and handed over to IO ASI Naresh. IO seized the offending vehicle and the above said motorcycle vide Ex.PW2/A and Ex.PW2/B. It is further stated by PW2 that thereafter IO arrested and conducted the personal search of the accused vide Ex.PW2/C and Ex.PW2/D. IO also prepared the site plan of the spot vide Ex.PW2/E. It is further stated by PW2 that thereafter IO seized the photocopy of the RC and challan receipt and also the insurance, permit of the offending truck and DL of the accused vide seizure memos Ex.PW2/F, Ex.PW2/G, Ex.PW2/H and Ex.PW2/I. It is further stated by PW2 that as the offence was found bailable, the accused was released on police bail after furnishing of bail bonds. Thereafter PW2 alongwith IO brought the case property to the PS and case property was deposited in the safe custody of MHC(M).
7. PW-3 ASI Naresh Kumar deposed that on 11.06.2017, PW3 was posted at PS Ranhola as ASI. It is further stated by PW3 that on that day, PW3 received DD No. 33A dated 11.06.2017 regarding accident and injured at Village Baprola, Bakkarwala FIR No. 348/2017 State V. Sarvesh 4/9 Chowk. It is further stated by PW3 that on this information, PW3 alongwith Ct. Rajiv went to the above said spot where they found one TATA truck bearing registration No. DL 1GC 6618 and one motorcycle bearing registration No. HR 14K 4030 of make Hero Splender in accidental condition and the driver of the offending truck was available at the spot. It is further stated by PW3 that PW3 took the photographs of the spot from his mobile phone. It is further stated by PW3 that PW3 made inquiry from the public persons and also about the injured and came to know that injured have been removed to some unknown hospital. It is further stated by PW3 that PW3 also made inquiry from accused driver who was present at the spot. In the meantime, PW3 received information regarding the admission of victim at Rathi Hospital. It is further stated by PW3 that PW3 asked Ct. Rajiv to secure the spot and PW3 went to the above said hospital where PW3 met with injured namely Narender and obtained his MLC NO. 61 and also recorded his statement already Ex.PW1/A attested by him at point B. It is further stated by PW3 that after some time, Ct. Rajiv returned to the spot and PW3 prepared the rukka and handed over the same to him which he took to PS, got the case registered and came back with copy of FIR and original rukka and handed over to him. It is further stated by PW3 that PW3 seized the offending vehicle and the above said motorcycle vide memos already Ex.PW2/A and Ex.PW2/B. It is further stated by PW3 that thereafter PW3 arrested and conducted the personal search of the accused vide memos already Ex.PW2/C and Ex.PW2/D. It is further stated by PW3 that PW3 also prepared the site plan of the spot vide memo already FIR No. 348/2017 State V. Sarvesh 5/9 Ex.PW2/E. Thereafter PW3 seized the photocopy of the RC and challan receipt and also the insurance, permit of the offending truck and DL of the accused vide seizure memos already Ex.PW2/F, Ex.PW2/G, Ex.PW2/H and Ex.PW2/I. It is further stated by PW3 that on 12.06.2017, PW3 got the above said vehicles mechanically inspected from the mechanical inspector and obtained report of the same which already Ex.A-2 (colly). It is further stated by PW3 that PW3 also visited the AIIMS Trauma Centre where the other injured namely Sunil was admitted but Sunil was found unfit and hence his statement could not be recorded. It is further stated by PW3 that PW3 obtained the MLC of victim namely Sunil vide No. 500028535/11 and thereafter, PW3 returned to the PS. It is further stated by PW3 that on 03.07.2017, PW3 visited the native village at Silani, Distt. Jhajjar, Haryana of Sunil and recorded his statement. After that PW3 was transferred and the present case file was given to the then MHC(R) for further course of action.
8. PW-4 ASI Vinod deposed that on 23.08.2017, the present case was marked to him for proper investigation from the MHCR. It is further stated by PW4 that PW4 collected the Detail Accident Report prepared by the First IO i.e. ASI Naresh Kumar. It is further stated by PW4 that the DAR report is marked as Mark "Z" (Colly) bearing signature of ASI Naresh Kumar at point "A". Thereafter, PW4 prepared the chargesheet and submitted before the Hon'ble Court
9. PW-5 Sunil Kumar deposed that on 11.06.2017, PW5 had his exam at Nilothi Nangloi, Delhi. It is further stated by PW5 that PW5 alongwith his cousin FIR No. 348/2017 State V. Sarvesh 6/9 Narender left for his exam on his motorcycle HR14K 4030 and Narender was driving the motorcycle and PW5 was sitting on the back seat. It is further stated by PW5 that at about 11.00 AM just when they reached near Bakkarwala more, Delhi, one Truck bearing DL1GC 6618 came in a hight spedd and stucked their motorcyle due to which they fell down on the road and got injured. It is further stated by PW5 that public persons apprehanded the accused driver of the offending vehicle and accused told his name as Sarvesh. It is further stated by PW5 that they are were taken to the hospital by the public persons and got treatment and IO recorded his statement at the Hospital.
10. The accused has admitted the following documents i.e. FIR No. 348/17 dated 11.06.2017, Certificate U/s 65B IE Act is Ex. A2, DD entry no.33A dated 11.06.2017 is Ex. A3, Statement of Surender recorded U/s 161 CrPC is Ex. A/1, Statement of Tasnimuddin Siddiqui recorded U/s 161 CrPC is Ex. A/2, Statement of Sunil recorded U/s 161 CrPC is Ex. A/3, MLC no. 61 dated 11.06.2017 is Ex. M1 and MLC no.500028535 dated 11.06.2017 is Ex. M2.
11. Statement of accused u/S 313 Cr.P.C. had been recorded and attention of the accused was drawn towards the incriminating evidence appearing against to which the accused stated that the evidences were incorrect and the PWs were interested witnesses, who had falsely implicated him and that he was innocent. Accused did not wish to lead DE.
FIR No. 348/2017 State V. Sarvesh 7/9
12. I have heard the submission of the parties and have perused the records carefully.
13. Indian Penal Code provides that :
Section 279. Rash driving or riding on a public way.--Whoever drives any vehicle, or rides, on any public way in a manner so rash or 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 337 - Whoever causes 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 six months, or with fine which may extend to five hundred rupees, or with both.
Section 338 - 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.
14. PW1 is the eye witness of the incident. PW5 is also eye witness to the incident. Both PW1 and PW5 were going on motorcycle. PW1 was driving the motorcycle and PW5 was sitting as pillon rider. PW1 has stated that his motorcycle was hit from behind. PW5 has also stated that their motorcycle was hit by the truck and he fell down. Both PW1 and PW5 have correctly identified the accused and the offending vehicle. No material discrepancy is forthcoming from the cross examination of PW1 and PW5. The ownership of the motorcycle is immaterial for deciding the culpability of the accused. There is no motive on part of PW1 and PW5 to falsely implicate the accused.
15. Just because IO has not made public persons witness in the present case it does not mean that the prosecution case will fail on that ground only. The testimonies of PW1 and PW5 are clear with regard to the incident.
FIR No. 348/2017 State V. Sarvesh 8/9
16. The photographs filed by the IO i.e. Ex. P1 clearly show that bike is lying in front of the truck. It is to be noted that when a person driving a bike then it is the vehicle driving behind him who has to take care. The duty of care was on the part of the truck driver. Even when the truck is being driven at a slow speed, hitting from behind would automatically impute rash and negligent driving on the part of truck driver. The mechanical inspection report shows the damaged caused to both the vehicles. The site plan shows the spot of incident.
17. PW2 and PW4 are police officials. The testimonies of PW2 and PW4 are formal in nature. PW3 is the IO in the present case. The minor discrepancies in the testimony of PW2 and PW3 is not fatal to the case of the prosecution.
18. Due to the rash and negligent driving of the accused whereby the accused hit the motorcycle from behind, the pillon rider i.e. PW5 has lost both his hands. Simple injury is also caused to PW1.
19. In conclusion the prosecution has been able to prove the charges against the accused.
20. The accused stands convicted for offence under section 279, 337 and 338 of IPC.
ANKIT Digitally signed by
ANKIT KARAN SINGH
KARAN Date: 2025.04.28
SINGH 18:54:06 +0530
Dictated & Announced (Ankit Karan Singh)
in Open Court MM-08/West/Delhi
On 28.04.2025
FIR No. 348/2017 State V. Sarvesh 9/9