Delhi District Court
State vs Anil Kumar on 30 July, 2025
IN THE COURT OF MS. DIVYA ARORA:
JUDICIAL MAGISTRATE FIRST CLASS-04: NORTH-WEST
DISTRICT: ROHINI COURTS: NEW DELHI
FIR No. 319/2012
PS Keshav Puram
State Vs. Anil Kumar
Date of Institution: 22.03.2013
Date of Judgment : 30.07.2025
JUDGMENT
(a) Serial Number of the case : 531512/2016
(b) Date of commission of offence : 12.11.2012
(c) Name of the complainant : Sh. Sudhir Kumar Aggarwal
(d) Name of Accused persons, : Anil Kumar S/o Sita Ram, their parentage & residence R/o: Village Nangatara, Post Pudri, District Mainpuri, UP.
(e) Offence complained of : U/s: 279/338/304-A IPC & 134 r/w Sec. 187 M.V. Act (f) Plea of Accused : Pleaded not guilty (g) Final order : Conviction
BRIEF STATEMENT OF THE REASONS FOR THE DECISION
1) The accused Anil Kumar S/o Sita Ram had been sent to face trial for the commission of offences under Section FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act State Vs. Anil Kumar Page No. 1 of 20 DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:34:52 +0530 279/338/304-A of the Indian Penal Code (hereinafter referred to as 'IPC') and 134 r/w Sec. 187 M.V. Act, on the allegations that on 12.11.2012, at about 12.15 am, at Prerna Chowk, Lawrence Road, Keshav Puram, Delhi, accused was driving one Tempo bearing registration no. DL-1LP-1534 in a manner so rashly and negligently and while driving so, the accused struck against the car bearing no. DL-3CBW-0367, and cause death of Smt. Anju Aggarwal not amounting to culpable homicide and also cause grievous hurt on the person of Ms. Meena, Baby Nitya, Varun Aggarwal and Mrs. Sonam Aggarwal. Further, the accused did not take any step to take the above named injured persons to hospital and thus the accused thereby committed offence punishable u/s 279/338/304-A IPC and 134 r/w Sec. 187 Motor Vehicles Act.
2) After completion of the investigation, chargesheet was filed in Court, cognizance of the offences were taken, the above said accused was summoned and after that, he entered appearance, copy of the chargesheet along with the documents was supplied to him in compliance of Section 207 of the Code of Criminal Procedure.
3) Notice was then framed against the accused Anil Kumar on 06.06.2013 for the commission of offences under Section 279/338/304-A IPC and 134 r/w Section 187 Motor Vehicles Act, to which accused pleaded not guilty and claimed trial. FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act State Vs. Anil Kumar Page No. 2 of 20 DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:35:06 +0530
4) To prove its case, the prosecution examined 14 witnesses.
5) PW1 Sh. Sushil Kumar S/o Sh. Surya Prakash deposed that the deceased Smt. Anju was his Bhabhi. On 12.11.2012 he went to mortuary of BJRM hospital where he identified the dead body of Smt. Anju. Police recorded his statement re- garding the identification of her dead body which is Ex.PW1/A bearing his signature at point A. She died in an accident.
6) PW-2 Sh. Sudhir Kumar Aggarwal deposed that on 12.11.12 at about 12.15 am, he alongwith his family was coming from Paschim Vihar and going to his residence. His wife Smt. Anju (since deceased), his son Varun Aggarwal, daughter in law Sonam Aggarwal, grand daughter Nitya Aggarwal and maid servant Meena @ Sanyogita were alongwith him. They were going to Shakti Nagar in his car no. DL-3CBW-0367. When he was crossing Prerna Chowk towards Ashok Vihar as there was green signal, in the meantime one Tempo 407 came from the side of Lawrence Road and hit his car from front and rear gate of the left side. The driver of Tata 407 was crossing despite red signal. The speed of Tata 407 was so high that after hitting his car it moved back but again hit his car. Some public persons rushed towards him and asked about his condition. He came out from his car. He saw that driver of the offending tempo was fleeing away from the FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act State Vs. Anil Kumar Page No. 3 of 20 DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:35:10 +0530 spot. At that time he was wearing brown coloured pant. He saw that her daughter had sustained injuries on her head which was bleeding. The other family members were in un- conscious state. He took out all his family members from the car. He sent all his family members except wife to MAX hos- pital in the vehicles of public persons who had gathered at the spot. After taking help of public persons, the tempo was pushed and his wife she was taken out from the car after breaking the door. He took his wife to MAX hospital, Pitam Pura where the doctors declared her dead. Other family mem- bers were admitted in the hospital. Police met him in MAX hospital. He further deposed that the registration of offending Tata 407 was DL-1P-1534 (probably). Police recorded his statement in MAX hospital which is Ex.PW2/A. The accident took place due to the negligent driving of the accused as he was driving the tempo at the high speed and he ignored the traffic signal. He identified the offending Tempo and his car in the photographs.
7) PW-3 HC Dharambir deposed that on 12-11-2012, he was posted at PS Keshav Puram as duty officer and on that day at about 5.10 am he received a rukka from HC Ramesh sent by ASI Hari Ram, on the basis of which he got FIR no. 319/12 registered. The said FIR is FIR is Ex.PW3/A and he made an endorsement Ex.PW3/B on the tehreer to that effect.
8) PW-4 Atul Gupta deposed that on 12.11.2012, he was present FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act State Vs. Anil Kumar Page No. 4 of 20 DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:35:14 +0530 at his house and he had received a call of his brother in law (Jija) Sh. Sudhir Aggarwal regarding accident, upon which he alongwith his brother went to the Max Hospital where his sis- ter namely Anju Aggarwal and other injured were admitted there and later on his sister was expired. After that dead body of his sister was shifted to BJRM Mortuary where he identi- fied dead body of his sister and in that regard IO recorded his statement Ex.PW4/A. After postmortem, they received the dead body.
9) PW-5 Varun Aggarwal deposed that on 12.11.2012, he alongwith his father, mother, his wife, daughter and maid were coming from Paschim Vihar and going to his residence Shakti Nagar in his car DL 3CBW 0367. When they reached at Prerna Chowk Red Light his father stopped the car and waiting for Green Signal. When Green Signal happen, his fa- ther drove the car, at the same time, one tempo DL 1LP 1534 came from Lawrence Road and hit on his car after jumping the red light. Accused was driving his vehicle in very high speed and rash and negligent manner. As he was sitting on the left side of the car, he saw the accused Anil Kumar was driving the abovesaid vehicle and the headlight of the said tempo was not on. The abovesaid tempo hit our vehicle from the left side and drag our vehicle some distance. Thereafter, he sustained injuries and he become unconscious, he regain his conscious at Max Hospital at Pitampura. Later on, he came to know his mother was expired. Police official FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act State Vs. Anil Kumar Page No. 5 of 20 DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:35:18 +0530 recorded his statement. He identified the photographs of Car and tempo. Said photographs are EX.P1 and negative Ex.P2.
10) PW-6 ASI Ramesh Kumar deposed that on 12.11.2012, he was posted at PS Keshav Puram as HC and on that day on re- ceiving DD No. 5 A, he went to the spot i.e Prerna Chowk wherein he met with IO ASI Hari Ram, HC Devender and he handed over the aforesaid DD to IO ASI Hari Ram and he also found one tempo bearing registration no. DL 1LP 1534 and one WagonR Car bearing no. DL 3CDW 0367 in acci- dental condition. The crime team officials were also present there and they took the photographs of the spot. The photo- graphs are collectively Ex.P-1 and CD is Ex.P-2. IO seized both the vehicles vide seizure memo Ex.PW-6/A and Ex.PW-6/ B. Thereafter, the aforesaid vehicles were shifted to PS Keshav Puram through Crane. Thereafter, he went to the Max Hospital, Netaji Subhash Place where IO prepared the rukka and handed over to him for registration of the case. After registration of the case, he went to the Max hospital alongwith the original rukka and copy of FIR and handed over the same to the IO. One injured Anu Aggarwal was ex- pired and her death body was shifted to BJRM Hospital through HC Devender.
11) PW-7 ASI Devender Singh deposed that on 12/11/2012 he was posted as HC at PS Keshav Puram and on that day, IO ASI Hari Ram received one DD entry No. 4A regarding acci- FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act State Vs. Anil Kumar Page No. 6 of 20 DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:35:22 +0530 dent and thereafter he alongwith the IO went to the spot i.e. Prerna chowk - Keshavpuram where they noticed that one WagonR car and one tempo were there in accidental condi- tion. Thereafter, Crime team was called at the spot by the IO and crime team clicked photographs of the spot. Thereafter both the abovesaid vehicles were sent to the Police Station with the help of crane. On inquiry they came to know that the injured persons had already been shifted to the MAX Hospi- tal Subhash Place. Thereafter he alongwith IO reached at the hospital where IO collected the MLCs of the injured persons. One of the injured namely Anju Aggarwal had been declared dead by the doctors. Thereafter on the directions of the IO, he shifted the body of the deceased to mortuary of BJRM Hospi- tal, Delhi, and from there, he went back to the PS. From the PS, he sent one Constable and one W/Ct to the mortuary of BJRM Hospital for safe custody of the body of deceased. Witness was cross examined by Ld. APP wherein he deposed that the registration number of the accidental car was DL 3CBW0367 and registration number of the offending tempo was DL1LP1534. IO seized the above said tempo and car vide seizure memo already Ex.PW6/B. There were four other injured persons namely Nitya Aggarwal, Varun Aggarwal, Sonam and Neena apart from the deceased Anju Aggarwal. He further deposed that one witness who revealed his name as Sudhir Aggarwal was found present in the Max Hospital and the IO recorded his statement and thereafter prepared the tehreer and handed over the same to HC Ramesh who had FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act State Vs. Anil Kumar Page No. 7 of 20 DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:35:27 +0530 come from the PS to the hospital for registration of FIR. He identified the accused in the court. He identified photographs of the spot showing the offending tempo and the accidental car. The said photographs are Ex.P1 (colly).
12) PW-8 SI Hari Ram deposed that on 12.11.2012, he was posted as ASI at PS Keshav Puram. On that day, he was on night emergency duty, and he received one DD entry no. 4-A which is Mark-8-A. Thereafter, he alongwith HC Devender went to the spot i.e. Prerna Chowk Red Light, Keshav Puram. In the meantime, HC Ramesh also reached at the spot with DD entry no. 5-A. On the spot, he found that one Tata tempo bearing registration no. DL-ILP-1534 and one Volkaswagon car bearing no. DL-3CBW-0367 in accidental condition. On inquiry, he came to know that injured had already been shifted to MAX Hospital. Thereafter, he called the crime team on the spot and the photographs of the spot were got clicked. Inspection of the spot was also conducted by the crime team. Thereafter, both the above said vehicles were sent to PS with the help of Crane by HC Ramesh. Thereafter, he alongwith Ct. Devender went to the hospital where he col- lected total five MLCs of the deceased Anju Aggarwal, in- jured Varun Aggarwal, Nitya Aggarwal and two other in- jured. Thereafter, he recorded the statement of Sudhir Aggar- wal which is Ex.PW2/A. Thereafter, he prepared the tehrir which is Ex.PW8/A. In the meantime, HC Ramesh also reached the hospital and he handed over the tehrir to HC FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act State Vs. Anil Kumar Page No. 8 of 20 DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:35:32 +0530 Ramesh for registration of FIR, who accordingly, went to the PS. Thereafter, HC Devender took the body of the deceased to mortuary, BJRM Hospital. Thereafter, HC Ramesh reached the hospital after the registration of FIR and handed over the copy of FIR and original tehrir to him. Thereafter, he alongwith the complainant Sudhir Aggarwal and HC Ramesh went to the spot where he prepared the site plan at the in- stance of the complainant which is Ex.PW8/B. Thereafter, at about 9.00 am, he alongwith Ct. Sunil went to mortuary, BJRM Hospital. In the hospital, body of the deceased was got identified through the relatives of the deceased vide dead body identification memos Ex.PW1/A and Ex.PW4/A. Thereafter, the postmortem on the body of the deceased was got conducted and thereafter, the dead body was handed over to relatives of the deceased vide dead body handing over memo which was Ex.PW8/C. Thereafter, he served notice u/s 133 M.V. Act upon the registered owner of the offending ve- hicle which is Ex.PW8/D, on which the owner Arun Bansal gave his reply saying that at the time of incident, Anil Kumar was driving the offending vehicle. Thereafter, owner of the offending vehicle produced Anil Kumar before him. In the meantime, complainant Sudhir Aggarwal along with his brother also reached in PS and after seeing Anil Kumar, the complainant identified him as the person who was driving the offending vehicle at the time of incident. Thereafter, IO ar- rested the accused vide arrest memo Ex.PW8/E. Thereafter, the accused was personally searched vide personal search FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act State Vs. Anil Kumar Page No. 9 of 20 DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:35:37 +0530 memo Ex.PW8/F. Thereafter, he seized the RC, permit, fit- ness, insurance of the offending vehicle vide seizure memos which are Ex.PW8/G, Ex.PW8/H, Ex.PW8/I and Ex.PW8/J, and the said RC, permit, fitness and insurance are Mark-8-B, Mark-8-C, Mark-8-D and Mark-8-E. He also seized the DL of the accused vide seizure memo Ex.PW8/K. The accused was released on bail on the production of surety. On 20.11.2012, he obtained the PM report of the deceased. Thereafter, the case file was handed over to the second IO ASI Naresh from MACT Cell. He identified the accused in the court. He identified the photographs of the offending ve- hicle bearing no. DL- 1LP-1534 and the accidental vehicle bearing no. DL-3CBW-0367. On 12.11.2012, he had seized the Tata Temp bearing no. DL-1LP-1534 vide seizure memo Ex.PW6/A. He had also seized one car bearing registration no. DL-3CBW-0367 vide seizure memo Ex.PW6/B. On 18.11.2012, he also seized the documents of New Northways Transport Organization produced by Arun Bansal vide seizure memo Ex.PW9/A and the said documents are Mark-8A (15 pages, colly).
13) PW-9 HC Jagdish deposed that on 18.11.2012, he was posted as Constable at PS Keshav Puram and on that day, he joined the investigation of the present case with the IO ASI Hari Ram and in his presence, IO seized the RC, Permit, Fitness and Insurance Certificate of the Tempo bearing no. DL- ILP-1534 produced by the owner of the said tempo before the FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act State Vs. Anil Kumar Page No. 10 of 20 DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:35:42 +0530 IO vide seizure memos Ex.PW8/G, Ex.PW8/H, Ex.PW8/I and Ex.PW8/J respectively, and the said RC, Permit, Fitness and Insurance Certificate are Mark-8B, Mark-8C, Mark-8D and Mark-8E respectively. IO also seized the DL of the ac- cused Anil vide seizure memo Ex.PW8/K. IO arrested the ac- cused and conducted his personal search vide memos Ex.PW8/E and Ex.PW8/F respectively. Seizure memo of documents of New Northways Transport Organization pre- pared by the IO which is Ex.PW9/A. He identified the ac- cused in the Court.
14) PW-10 Retd. SI Naresh Pal deposed that on 12.11.2012, he was posted at North West Crime Team and on that day, he re- ceived a call at around 1.20 am in the night regarding an acci- dent at Prerna Chowk. He left the office alongwith Ct. Parvinder, Photographer, Finger Print Expert in a government vehicle and reached the spot within 10 minutes. They saw that one car and one Tempo Tata 407 were there in accidental situation. The car was bearing no. DL-3CW-0367 and the number of the Tempo was DL-1P-1534. There was blood on the front seat of the car. They met the IO ASI Hari Om. He prepared crime team report Ex.PW10/A and handed over the report to the IO. After that they left the spot. He identified the photographs of the crime scene. Photographs are Ex.P-1 (colly, 33 photographs).
FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act State Vs. Anil Kumar Page No. 11 of 20 DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:35:46 +0530
15) PW-11 HC Manoj Kumar deposed that on 12.11.2012, he was posted at PS Keshav Puram as constable. On that day, he went to BJRM Hospital in the morning and got the identifica- tion of the dead body of deceased Anju by her relatives. ASI Hari Ram prepared the documents of the identification of the dead body of the deceased, same is Ex.PW1/A and Ex.PW4/A. ASI Hari Ram prepared the postmortem docu- ments and got the postmortem of the dead body done. After postmortem, the dead body was handed over to the family members of the deceased and ASI Hari Ram recorded state- ment in this regard.
16) PW-12 HC Parvinder deposed that on 12.11.2012, he was posted at Mobile Crime Team, North-West District, Delhi and on that day, he alongwith SI Naresh Pal and ASI Sajid Hassan went to the spot, and took the photographs of the crime scene. He identified the photographs of the spot.
17) PW-13 Retd. ASI Naresh deposed that on 17.01.2013, he re-
ceived the case file of the present case as he was posted at MACT as ASI. After receiving the file, he obtained the X-ray report of the injured persons namely Sonam, Vinay, Meena and Sudhir from MAX Super Specialty Hospital, Shalimar Bagh, Delhi. After that he took the opinion in reference to in- jured Sonam Aggarwal from MAX Super Specialty Hospital, Shalimar Bagh, Delhi. During the investigation, he got to know that the injured persons were not taken by the PCR or FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act State Vs. Anil Kumar Page No. 12 of 20 DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:35:50 +0530 the police official, they themselves got admitted there. After that, he filed the request for the mechanical inspection of two vehicles i.e. one Tempo and one car. One mechanical inspec- tion report of the car was exhibited as Ex.Y-1. Mechanical Inspection Report of the Tempo is Ex.PW13/A. He recorded the statement of Sudhir Aggarwal u/s 161 Cr.PC and after that he filed the challan i.e. the chargesheet in the present case.
18) PW-14 Sh. Satish Kumar, Mortuary Attendant BJRM Hospi-
tal identified the signatures and handwriting of Dr. Bhim Singh on Postmortem report bearing no. 1135/2012 dated 12.11.2012 at point A. Said Postmortem report is Ex.PW14/ A.
19) Thereafter, the prosecution evidence was closed and the statement of accused was recorded under Section 281 read with Section 313 of the Code of Criminal Procedure, 1973 wherein the entire incriminating evidence was put to the ac- cused who maintained his innocence stating that "I was driv- ing my vehicle in normal speed and was coming from Azad Pur side via Prem Bari Pul towards Inderlok. The accident had not taken place due to my fault. Accident was not oc- curred from my Tempo. I have been falsely implicated and he was not driving my vehicle in rash and negligent manner. Suddenly the car came in front of my Tempo in very high speed even, the signal was red for the said car." Accused did FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act State Vs. Anil Kumar Page No. 13 of 20 DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:35:55 +0530 not want to lead defence evidence and matter was fixed for final arguments.
20) Final arguments were then advanced on behalf of the State wherein it has been argued that the prosecution has been able to prove its case beyond all reasonable doubt and hence the accused be found guilty in the case. On the other hand, Ld. counsel for the accused has argued that sufficient material has not been brought on record to prove that the accident took place due to rashness or negligence on the part of the ac- cused.
21) The arguments as advanced by both the parties have been carefully considered along with the evidence on record.
22) It is a settled proposition of law that in a criminal trial, it is for the State to prove its case beyond all reasonable doubts by leading reliable, cogent and convincing evidence and it is for the prosecution to ensure that its case is able to stand on its own legs. The prosecution cannot derive any benefit whatso- ever from the weakness of the defence of the accused if any. Accused is entitled to the benefit of every reasonable doubt in the prosecution version.
23) The prosecution, in order to prove its case, examined multi-
ple witnesses. The defence, on the other hand, argued that the accused had been falsely implicated. It was submitted that the FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act State Vs. Anil Kumar Page No. 14 of 20 DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:35:59 +0530 accused was not driving the vehicle in a rash or negligent manner and that in fact, it was the other vehicle which came at a high speed from the front when the signal was red for that vehicle. This version was reiterated by the accused in his statement recorded under Section 313 CrPC.
24) In order to adjudicate upon the matter, it is necessary to ex-
amine the evidence led by the prosecution. PW1 Sushil Ku- mar and PW4 Atul Gupta are the witnesses who identified the body of deceased Anju Aggarwal. Their testimonies re- mained unchallenged during cross-examination, and nothing emerged to dispute the identity of the deceased.
25) PW2 Sudhir Kumar Aggarwal, who was driving the car in-
volved in the accident, deposed that he was travelling with his family to Shanti Nagar and while crossing Prerna Chowk on a green signal, a tempo being driven by the accused came at high speed and hit his car from the front and the rear gate on the left side. He categorically stated that the tempo jumped the red light and was being driven in a rash and negli- gent manner. With the help of public persons, the injured per- sons were taken to Max Hospital, and his wife Anju Aggar- wal, who was trapped inside the vehicle, had to be taken out by breaking the car door. Unfortunately, she was declared dead upon arrival at the hospital. PW2 clearly identified the accused, the offending tempo, and the vehicle in which he was travelling. Despite multiple opportunities, the accused FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act State Vs. Anil Kumar Page No. 15 of 20 DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:36:04 +0530 failed to cross-examine PW2, and his testimony remained in- tact and unshaken, lending it full credibility.
26) PW3 was the duty officer who registered the FIR in this case on the basis of rukka received from the investigating officer.
27) PW5 Varun Aggarwal, who is the son of PW2 and deceased Anju Aggarwal, also testified that he was present in the car with his wife, daughter, maid, and parents on the date of the incident. He corroborated the testimony of PW2 in all mate- rial particulars and stated that the tempo driven by the ac- cused was being driven in a rash and negligent manner, with- out headlights, and had jumped the red signal. He also identi- fied the accused, the offending tempo, and the car involved. His testimony, like that of PW2, was not subjected to cross- examination and thus remained unrebutted and reliable.
28) PW6 was the police official who was handed over the rukka by the investigating officer and after registration of the FIR, returned to the spot and handed over the FIR copy to the IO. The rest of the prosecution witnesses were police officials who supported the prosecution's case and nothing emerged in their testimony to discredit the version of events put forth by the prosecution.
29) PW7 HC Devender Singh deposed that he went to the spot with IO SI Hari Ram, and saw the tempo and car in acciden- FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act State Vs. Anil Kumar Page No. 16 of 20 DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:36:09 +0530 tal condition. He stated that the injured were already shifted to Max Hospital and that he helped shift the deceased to the mortuary. He also stated that the IO collected the MLCs and recorded statements. He admitted that he could not remember the registration numbers of the vehicles but confirmed their presence at the spot. He identified the vehicles in photo- graphs shown to him. His testimony supports the prosecution case with respect to the occurrence of the accident and the in- volvement of the tempo.
30) PW8 SI Hari Ram, the Investigating Officer, deposed that on the night of the incident, he received intimation through DD entry and reached the spot. He found the tempo and the car in an accidental condition. Injured persons had already been taken to the hospital. The crime team was called and the spot was photographed. Both vehicles were removed to the police station. He then went to Max Hospital and collected the MLCs of the injured and the deceased. The statement of Sud- hir Aggarwal was recorded, and the rukka was prepared and handed over to HC Ramesh for registration of FIR. PW8 fur- ther deposed that he prepared the site plan, arrested the ac- cused, and completed necessary formalities including seizure of documents such as RC, permit, fitness certificate, and in- surance. He also got the mechanical inspection of the vehi- cles done. The testimony of PW8 remained consistent and supported the version of the complainant. Nothing substantial FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act State Vs. Anil Kumar Page No. 17 of 20 DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:36:22 +0530 came out during cross-examination to discredit his testimony or investigation.
31) PW9 HC Jagdish corroborated the IO's testimony. He de-
posed that in his presence, the IO seized the documents of the tempo, including RC, permit, fitness certificate, and DL of the accused. He identified the accused in court. No cross-ex- amination was conducted, and his testimony supports the seizure of the documents of the offending vehicle from the accused.
32) PW10 Retd. SI Naresh Pal from the crime team deposed that he visited the spot, observed the two vehicles in accidental condition, saw blood stains on the car, and prepared the crime scene report. He handed over the report to the IO. He also identified the vehicles from the photographs and supported the prosecution's case regarding the collision and its nature.
33) There is a mechanical inspection report of the vehicles on record which corroborates the fact that an accident did take place and the condition of the vehicles post-accident. The MLCs of the injured persons are also on record which sup- port the prosecution's case regarding the nature of injuries sustained. Although Dr. Vipin Kumar Jha, who prepared the MLCs and declared Anju Aggarwal dead , could not be ex-
FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act State Vs. Anil Kumar Page No. 18 of 20 DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:36:29 +0530 amined due to his non-availability, this does not in itself ren- der the case of the prosecution invalid or unreliable. There is ample other medical and ocular evidence on record to support the case.
34) The accused has taken the plea that the car came at a high speed and that the signal was red for that car. However, this version has not been substantiated by any evidence. On the contrary, the consistent and unrebutted testimonies of PW2 and PW5 clearly indicate that the accused jumped the red sig- nal and was driving his tempo at high speed in a rash and negligent manner, which resulted in the accident. The de- fence has failed to create any doubt in the prosecution's case.
35) On the basis of the above evidence, it is clearly established that the accused was driving the tempo in a rash and negli- gent manner, in violation of traffic rules, thereby causing the death of Anju Aggarwal and grievous injuries to Meena, Baby Nitya, Varun Aggarwal, and Sonam Aggarwal. The prosecution has proved its case beyond reasonable doubt.
36) Accordingly, the accused Anil Kumar S/o Sita Ram is held guilty and convicted for offences punishable under Sections 279, 304-A, 338 IPC and Section 134 read with 187 MV Act in FIR No. 319/2012 PS Keshav Puram.
FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act State Vs. Anil Kumar Page No. 19 of 20 DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:36:37 +0530
37) Let the convict be heard on the point of sentence on 06.08.2025.
38) Copy of judgment be given to the accused free of cost.
Announced in the open Court
on 30.07.2025. Digitally signed
by DIVYA
DIVYA ARORA
ARORA Date:
2025.07.30
16:36:44 +0530
(DIVYA ARORA)
Judicial Magistrate First Class-04/North West District Rohini District Court/New Delhi Certified that this judgment contains 20 pages and each page bears my signature.
DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:36:49 +0530 (DIVYA ARORA) Judicial Magistrate First Class-04/North West District Rohini District Court/New Delhi FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act State Vs. Anil Kumar Page No. 20 of 20