Delhi District Court
State vs . Kishan Chand on 13 October, 2010
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IN THE COURT OF MS. VANDANA JAIN, MM08
WEST DISTRICT, TIS HAZARI COURT
State Vs. Kishan Chand
FIR No.385/91
PS: Kirti Ngr.
U/S: 279/337/338/304A IPC
Sr. no. of the case : 1025/1
Date of commission of offence : 16.1.1991
Date of institution of the case : 23.06.06
Name of the complainant : HC Kartar Singh
Name of accused and address : Kishan Chand s/o Sh. Hari
Chand, r/o Village Darouli,
PO Sahden pur, PS Govind
garh, Distt. Alwar (Rajasthan)
Offence complained of or proved : U/S 279/338 IPC
Plea of the accused : Pleaded not guilty
Final Order : Acquitted
Date of judgment : 13.10.2010
J U D G M E N T:
1. Brief facts of the prosecution story is that on 16.1.91 at 2:05 PM near Patel Cambri, Rama Road, Kirti Nagar the accused was driving FIR NO: 385/91 State vs Kishan Chand 1 /3 2 the truck no. RJA6782 in a rash and negligent manner and while driving so caused hit to a two wheeler, a rickshaw and TSR due to which caused simple hur tto Panchu Lal, greivious hurt to Guchi and Tulsi Ram and caused culpable homicide to Rakesh, Alagu Ram and Munni Lal Gupta and thereby committed an offence u/s 279/337/338/304A IPC
2. Charge was framed against the accused on 08.12.07 to which the accused pleaded not guilty and claimed trial.
3. PW1 Inspector Bijender Singh has deposed that on 16.11.91 he received a DD entry no. 6A and on receiving the DD entry he alongwith Ct. Devender reached at the spot and found some vehicle in an accidental condition. He further deposed that the injured persons removed to the hospital. He further deposed that in the mean time one Harjeet Singh came and met him and briefed the incident to him on which he made an endorsement and handed over to the Ct. Devender for registration of FIR. He further deposed that he prepared the site plan at the instance of the eyewitness. He further deposed that he received the MLC from the hospital and prepared the inquest papers. He further deposed that he got conducted the mechanical inspection. He further deposed that he recorded the statement of PWs and made search of the accused. He further deposed that the accused was searched by ASI Nathu Ram. He FIR NO: 385/91 State vs Kishan Chand 2 /3 3 was crossexamined by the Ld. defence counsel wherein he stated that no separate DD entry was made by him regarding the departure from the PS. He further deposed that due to lapse of time he cannot tell on which mode he reached at the spot.
4. As nothing incriminating has come on record against the accused the statement of accused has been dispensed with.
5. I have heard arguments advanced by Ld. APP for the State and learned counsel for the accused. I have also perused the record carefully.
6. As nothing incriminating has come on record against the accused, he is acquitted for the charge framed for the offence U/s 279/337/338/304A IPC.
Announced in the open (Vandana Jain)
court on 13.10.10 MM08/West/Delhi
FIR NO: 385/91 State vs Kishan Chand 3 /3
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FIR NO: 385/91
PS: Kirti Nagar
13.10.10
Present: Ld. APP for the State
Accused with counsel
SA dispensed with.
Vide separate judgment, accused is acquitted. Surety stands discharged. Original documents if any be returned after cancellation of endorsement. File be consigned to Record Room.
Vandana Jain
MM08/West/Delhi
13.10.10
FIR NO: 385/91 State vs Kishan Chand 4 /3