Delhi District Court
State vs . Chote Lal on 27 August, 2015
IN THE COURT OF SH. AJAY KUMAR MALIK: METROPOLITAN
MAGISTRATE (CENTRAL)-04 TIS HAZARI COURTS, DELHI
STATE VS. CHOTE LAL
FIR NO. 294/00
P.S. Sarai Rohilla
U/s: 279/337 IPC
Unique Case ID No. :02401R0184452000
Date of institution of case :07.12.2000
Date on which case reserved for :27.08.2015.
judgment
Date of judgment :27.08.2015.
JUDGMENT U/S 279/337 IPC
a)Date of offence :06.08.2000.
b)Offence complained of :U/s 279/337 IPC
c)Name of accused, his parentage :Chote Lal
& residence S/o Sh. Sunder Lal
R/o 72/73, Jehangirpuri,
Delhi.
d)Plea of accused :Pleaded not guilty
e)Final Order :Accused convicted
J U D G M E N T
FIR NO. 294/00 State Vs. Chote Lal Page No. 1 of 9
BRIEF FACTS AND REASONS FOR DECISION :
Case of the prosecution in brief is as follows:
1. That on 06.08.2000 on receiving DD No. 12A, ASI Mahabir reached at Sunder Lal Hospital and procure the MLC No. 3689/2000 for injured Laxmi W/o Gyan Prakash. On asking by ASI Mahabir injured Laxmi refused to give her statement and said that her husband Gyan Prakash will give his statement. On 07.08.2000, ASI Mahabir recorded the statement of Gyan Prakash who stated that he is advocate by profession. On 06.08.2000 he was driving his scooter No. DL6SA5660 at about 08:20 PM he was coming along with his wife Laxmi from Shakti Nagar side. When he reached at chowki No. 2 Red Light, suddenly one TSR bearing registration No. DL1RQ2894 came with very hight speed and was being driven by its driver in very rash and negligent manner who hit the scooter of the complainant from right side and went towards Ashok Vihar side. Due to hit by TSR the complainant and his wife fell down and the wife of the complainant received the injuries at her head and chest. The complainant got admitted his wife at Sunder Lal Jain Hospital, Ashok Vihar.
Complainant further stated that accident took place due to high speed and rash and negligent driving by the driver of TSR who can be identifed if produced before the complainant. At the instance of the FIR NO. 294/00 State Vs. Chote Lal Page No. 2 of 9 complainant IO/ASI Mahabir prepared the site plan, recorded the statement of witnesses, procured the MLC of the injured and on getting the opinion on nature of injuries as "Grievous in nature" Section 338 IPC was added to the charge sheet and filed the charge sheet in the court.
2. After summoning of accused and after compliance of the provisions of section 207 Cr. P.C. the notice was framed against accused on 14.09.2001 u/s 279/337 IPC to which accused not pleaded guilty and claimed trial.
3. In order to prove the case prosecution got examined 06 witnesses.
4. Prosecution got examined Smt. Laxmi as PW1 who deposed that on 06.08.2000 at about 08:15 PM he along with her husband Gyan Prakash was going to Shakti Nagar on the two wheeler scooter and when she reached at Gulabi Bagh Red Light one TSR no. DL1RD2894 came with hight speed and hit the scooter of PW1 due to which PW1 and her husband fell on the road and received injuries. PW1 further deposed that she was taken to Sunder Lal Jain Hospital and remain admitted for about 5 days. PW1 correctly identified the accused in the court.
5. The prosecution also examined Sh. Gyan Prakash as PW2 who deposed that on 06.08.2000 at about 08:15 PM he along with his FIR NO. 294/00 State Vs. Chote Lal Page No. 3 of 9 wife Laxmi was going to Shakti Nagar on the two wheeler scooter and when he reached at Gulabi Bagh Red Light one TSR no. DL1RD2894 came with hight speed and hit the scooter of PW2 due to which PW2 and his wife fell on the road and received injuries. PW2 further deposed that he took her wife to Sunder Lal Jain Hospital where she remained for 6-7 days. PW2 correctly identified the accused in the court and proved his statement given to the police as Ex.PW2/A, cite plan as Ex.PW2/B, personal search memo of accused as Ex.PW2/C. PW2 also proved the seizure memo of driving license of the accused as Ex.PW2/D, seizure memo of TSR as Ex.PW2/E and seizure memo of photocopies of documents of said TSR as Ex.PW2/F.
6. Prosecution got examined Sh. Debu as PW3 who deposed that he is the registered owner of the TSR bearing No. DL1RD2894 and on 06.08.2000 accused - Chote Lal was in custody of his vehicle and proved his superdarinama as Ex.PW3/A.
7. Prosecution got examined ASI Krishan Chander as PW4 who deposed that on 07.08.2000 he was posted at PS Sarai Rohilla. PW4 proved the FIR No.294/00 as Ex.PW4/A.
8. Prosecution got examined Ct. Surender as PW5 who deposed that on 06.08.2000 ASI Mahabir Singh received the DD No. 12A at which he accompanied ASI Mahabir to Sunder Lal Jain Hospital and collected the MLC of injured Laxmi but due to resistance by injured FIR NO. 294/00 State Vs. Chote Lal Page No. 4 of 9 Laxmi, the statement of injured Laxmi could not be recorded. PW5 further deposed that on next day IO/ASI Mahabir Singh recorded the statement of Sh. Gyan Prakash i.e. husband of the injured at which IO prepared the rukka and he got the FIR registered on the basis of rukka. PW5 also deposed that after receiving th copy of FIR, IO prepared the site plan at the instance of Gyan Prakash. On 14.08.2000 the owner of the vehicle produced accused Chote Lal and offending TSR bearing No. DL1RD2894 where Sh. Gyan Prakash identified the accused.
9. Prosecution got examined SI Mahaveer Singh as PW6 who deposed that on 06.08.2000 he was posted at PS- Sarai Rohilla as a ASI. On that day on receiving DD No. 12A he reached at Sundar Lal Jain Hospital and received the MLC of Smt. Lakshmi and she was fit for statement as stated in her MLC. She disclosed that her husband namely Gyan Prakash will give his statement regarding the present incident. PW6 made the efforts to take the statement of Gyan Prakash but could not do so as he had left the hospital. PW6 kept the said DD pending. PW6 further deposed that on the next day i.e, 07.08.2000 he along with Ct. Surender reached at House No. WZ-93, Neemdi Village, Delhi, where they met complainant Gyan Prakah and PW6 recorded his statement. PW6 prepared the rukka and proved the same as Ex. PW6/A. Rukka was handed over to Ct. Surender for registration of FIR from the PS. Thereafter he along with the complainant reached at the FIR NO. 294/00 State Vs. Chote Lal Page No. 5 of 9 spot in the meantime, Ct. Surrender also reached at the spot with copy of FIR and original rukka and same was handed over to PW6. PW6 further deposed that he prepared the site plan at the instance of the complainant. PW6 served notice U/s 133 MB Act upon the owner namely Dev of the offending vehicle and proved the same as Ex. PW6/B. PW6 also proved reply of the said notice as Ex. PW6/C. PW6 further deposed that on 14.08.2000 Dev was produced before him the driver of the offending TSR namely Chhotte Lal. PW6 correctly identified the accused in the Court. PW6 further deposed that Dev also produced offending TSR bearing No. DL-1RD-2894. PW6 seized the TSR, photocopies of the insurance, certificate of fitness and temporary registration receipt of the offending vehicle vide seizure memo. PW6 further deposed that he seized the original DL of the accused. PW6 arrested the accused and proved the arrest memo as Ex. PW6/C. PW6 recorded the statement of witnesses. Case property was deposited in the malkhana. PW6 got the mechanically inspection of both the vehicles conducted and proved the same as Ex. PW6/D and PW6/E. PW6 received the result of the injures of the injured from the hospital. PW6 recorded the statement of the witnesses.
10. At request of Ld. APP, Retd. ASI Devender (Tech) is dropped from the list of witnesses.
11. P.E. was thereafter closed.
FIR NO. 294/00 State Vs. Chote Lal Page No. 6 of 9
12. On 27.08.2015, the statement of the accused U/s 313 Cr. P.C. got recorded in which accused not wished to lead D.E.
13. Arguments at length advanced by both the sides.
14. It is observed by this court that PW1 and PW2 have clearly stated that the accused was driving the offending TSR bearing registration No. DL1RD2894 and hit their two wheeler scooter from back side and due to which the accident was caused and injuries were also received by PW1. It is further observed that the PW2 has specifically mentioned in his complaint Ex.PW2/A that the accused in his TSR gone towards Ashok Vihar side and he can identify him if produced before PW2. The PW2 has specifically mentioned the registration number of TSR in his complaint and PW3 has affirmed that he is the owner of TSR bearing registration No. DL1RD2394 and on the day of accident i.e. 06.08.2000 the said TSR was in the custody of accused - Chote Lal.
15. It is observed by this court that in the entire evidence the accused never claim that the TSR was not being driven by him and same was driven by somebody else. It is also observed that PW6 has specifically deposed that Sh. Debu, owner of the offending TSR, produced the accused to IO and with that it has been established that the owner has given the possession of the TSR to accused driver on the day of accident and after verification of same accused was arrested FIR NO. 294/00 State Vs. Chote Lal Page No. 7 of 9 by the IO of the case.
16. It is further observed that PW2 has specifically deposed that on the day of accident, the offending TSR was being driven by the accused and his two scooter bearing No. DL6SK5660 got hit by offending TSR due to which road traffic accident caused and injured was taken to Sunder Lal Jain hospital at Ashok Vihar. PW1 and PW2 specifically deposed that the accused was driving his TSR with fast speed and negligently due to which accident got caused and PW1 suffered the injuries.
17. It is also observed that the accused vide his statement dated 27.08.2015 has admitted the MLC bearing No. 3689 dated 06.08.2000 as Ex.P1.
18. In view of above observations, the factum of driving of offending vehicle by accused -Chote Lal, the factum of accident of scooter of injured, bearing No. DL6SK5660, the factum of negligence of the accused at the time of driving the offending TSR and the factum of injuries of the injured - Laxmi due to road accident has been proved by the prosecution beyond any reasonable doubt. Accused - Chote Lal is held guilty for driving the vehicle in the negligent manner so as to endanger human life of other person and has caused the injuries to injured Laxmi and hence, accused Chote Lal is convicted for the offence punished u/s 279 I.P.C. for driving the vehicle in the FIR NO. 294/00 State Vs. Chote Lal Page No. 8 of 9 negligent manner so as to endanger human life to other person. Accused - Chote Lal is also convicted for the offence punishable u/s 338 I.P.C. for causing grievous injuries to the injured - Laxmi.
Copy of this judgment be given dasti to the convict free of cost.
Announced in the open Court on this 27th Day of August, 2015 (AJAY KUMAR MALIK) MM(Central)-04/THC 27.08.2015.
FIR NO. 294/00 State Vs. Chote Lal Page No. 9 of 9 FIR No. 437/02 PS: Sarai Rohilla 27.08.2015 Present : Ld. APP for the State.
Complainant - Sh. Gyan Prakash in person.
Accused - Chote Lal along with Ld. LAC Sh. Om Prakash.
At request of Ld. APP P.E. closed.
Separate statement of accused U/s 313 Cr. P.C. recorded today in which accused wished to not to lead any D.E. Final arguments advanced at length by Ld. APP for the State and Ld. LAC for the accused.
Vide separate judgment of even date, accused - Chote Lal is convicted to the offence punishable U/s 279/338 IPC.
At this stage, Sh. Gyan Prakash submits that he has already received the compensation from the accused and he has no grievance against the convict and he also do not want any compensation from the convict. He further submits that he has received all the expenditure from the convict which he has incurred upon the treatment of his wife Laxmi and the offence U/s 337 IPC may kindly be considered as deemed to be compounded.
In view of submissions by the complainant - Gyan Prakash, the convict - Chote Lal is sentenced to FIR NO. 294/00 State Vs. Chote Lal Page No. 10 of 9 monetary fine of Rs.500/- for the offence U/s 279 IPC and released on probation for three months for the offence U/s 337 IPC.
Matter is adjourned for furnishing of probation bond by the accused, it be re-listed on 28.08.2015.
(AJAY KUMAR MALIK) MM (Central)-04/NEW DELHI 27.08.2014 FIR NO. 294/00 State Vs. Chote Lal Page No. 11 of 9