Document Fragment View
Fragment Information
Showing contexts for: section 338 ipc in State vs . Mool Chand Saini on 25 April, 2015Matching Fragments
The story of the prosecution in brief is as under:-
1. The accused Mool Chand Saini S/o Late Sh. Shyam Lal has been sent to face trial under Section 279/338 Indian Penal Code (hereinafter called as IPC) on the allegations that on 05.11.06 at around 12:30 p.m. (morning) opp. Suman Chaudhary Nursing Home, he was found driving the Escort Ford bearing no. DL-3CJ-1602 on a public way in a rash and negligent manner so as to endanger human life and personal safety of others and while driving so in the said manner he struck against Shiv Page no.1 of 13 PS Narela U/s. 279/338 IPC State Vs. Mool Chand Saini Chand @ Deepu S/o Dev Kumar aged 6 years who was walking on the road alongwith his mother Bimla, as a result thereof, the injured Shiv Chand @ Deepu suffered grievous injuries and on the basis of the said allegations, the present FIR bearing no. 684/06 was registered at Police station Narela and the accused has been charged with the offences under Section 279/338 IPC.
11. PW8 is SI Satbir, No. 1986/D, AIU, Outer District, Narela, Delhi. He is the investigating officer in the present case. He deposed that on 05.11.2006, on receipt of DD No. 40-B regarding an accident, he alongwith Ct. Dinesh reached at the JPN hospital. There he collected MLC of injured Deepu on which opinion on the nature of injury was reserved. He further deposed that he did not meet any witness there. Thereafter, vide DD No. 55 B, an information was received from ESI hospital, New Delhi, that one child has been admitted in the Page no.5 of 13 PS Narela U/s. 279/338 IPC State Vs. Mool Chand Saini hospital. Thereafter, he alongwith Ct. Dinesh reached at ESI hospital, New Delhi and collected the MLC of injured child and nature of injury was opined by doctor as grievous. He also met the mother of the child namely Bimla. Thereafter, he recorded statement of complainant Bimla Ex. PW8/A. He further deposed that complainant Bimla handed over to him one piece of paper which mentioned the registration number of the offending vehicle i.e. Ford Icon Car No. DL-3CL-16.02. Thereafter, he prepared rukka Ex.PW8/B and handed over the same to Ct. Dinesh who went to PS for registration of FIR and got the FIR registered. Thereafter, Ct. Dinesh came back at the spot i.e. near Suman Chaudhary Nursing Home, Arya Samaj Road, Narela, Delhi and handed over to him the copy of FIR and original rukka. Thereafter, he prepared the site plan at his instance which was Ex.PW8/C. He further deposed that the he recorded the statement of another eye witness Rajesh Kumar who had handed over the paper bearing the registration number of the Car to complainant Bimla. Thereafter, he took the said paper piece into possession vide seizure memo Ex. PW8/D. Thereafter, he came back at the PS. He further deposed that from the registration number of the car, he inquired from the concerned authority about the registered owner of the car and he came to know that accused Mool Chand Saini was the registered owner of the said car. He further deposed he served a notice u/s 133 M.V. Act to the registered owner Mool Chand Saini and same was Ex. PW8/E, on which the accused Mool Chand Saini replied that he himself was driving the vehicle at the time of accident and his reply on the notice u/s 133 M.V. Act is Ex PW8/F. He further deposed that on the same day, accused Mool chand came to the PS alongwith the offending vehicle i.e. Ford Icon car and at the same time, he requested complainant Bimla to come to PS. Complainant Bimla came to PS and identified the accused and also the offending vehicle. He further deposed that after Page no.6 of 13 PS Narela U/s. 279/338 IPC State Vs. Mool Chand Saini sometime, eyewitness Rajesh also came at the PS and identified the accused and also the offending vehicle. He took the offending vehicle into possession vide seizure memo Ex.PW8/G. He further deposed that accused also produced the documents of the vehicle i.e. RC and insurance and also produced his driving license which were taken into possession vide memos Ex. PW8/H and PW8/I. Thereafter, he arrested the accused Mool Chand and also conducted his personal search Ex. as PW8/J and PW8/K. Thereafter, accused was released on bail. Thereafter, he got mechanical inspection of the offending vehicle conducted which was Ex. PW5/A. After completion of investigation, chargesheet was prepared and filed in the court.
13. I have heard the arguments advanced by Ld. APP for the state as well as the Ld. Defence counsel and given my thoughtful consideration to the entire record.
14. In the present matter, the accused has been charged for the offences punishable under Section 279/338 IPC. To prove a case U/s. 279/338 IPC against the accused, the prosecution has to prove the following facts:-
a) that the accused was driving the vehicle i.e Escort Ford bearing registration no. DL-3CJ-1602;
22. File be consigned to Record Room after necessary compliance.
(Sandeep Gupta) Announced in open court today Metropolitan Magistrate/Rohini/Delhi on 25th April, 2015.
Page no.13 of 13 PS Narela U/s. 279/338 IPC State Vs. Mool Chand Saini U/s. 279/338 IPC PS: Narela State vs. Mool Chand Saini 25.04.2015 Present : Ld. APP for the State.