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FACTUAL BACKGROUND

1. The accused namely Bundu Khan here in this case was sent to trial by the State for the offence punishable under section 279/337/304A/471 IPC & Section 3/181 of MV Act.

2. Pithily put, the case of the prosecution is that on 21.07.2003 at about 7:55 AM at Road No.64 in front of Nursery, Dilshad Garden, Delhi, within jurisdiction of PS Dilshad Garden, the accused was found driving a truck bearing No. UP-25G-9460 in a manner so rash or negligent as to endanger human life and personal safety to others and while driving the aforesaid vehicle in aforesaid manner the accused struck against a scooter bearing No. DL-5SC-8438 from its backside and thereby caused death of Master Anmol Saxena & simple injuries to body of Akanksha and upon apprehension, the driving license found from accused was revealed to be a forged documents and thereby committed offences punishable u/s 279/337/304A/471 IPC & Section 3/181 of MV Act. Therefore, the present FIR was registered for the offences punishable under Section 279/337/304A/471 IPC & Section 3/181 of MV Act in PS Dilshad Garden. Investigation was taken up by Investigating Officer.

3. Upon completion of investigation, chargesheet under Section 173 of Cr.PC was filed on behalf of Investigating Officer and the accused was consequently summoned.

FIR No. 166/2003 State Vs. Bundu Khan PS: Dilshad Garden Page no. 2 of 20 PROCEEDINGS BEFORE COURT

4. The accused was called upon to enter trial and after his appearance, the copy of the relevant documents were furnished to the accused. Upon hearing both sides and on perusal of the case record, the notice was framed u/s 279/337/304A/471 IPC & Section 3/181 of MV Act and particulars of offences under section 279/337/304A/471 IPC & Section 3/181 of MV Act was read over and explained to the accused in vernacular to which he pleaded not guilty and claimed to be tried.

21. It is the case of the prosecution that accused Bundu Khan while driving his Truck bearing No. UP-25G-9460 (hereinafter referred to as offending vehicle) in a rash and negligent manner hit against Scooter of injured Anurag and caused death of his child Anmol & caused injuries to Akanksha and thus he committed offences punishable under Section 279/337/304A IPC.

22. In this regard, the prosecution is supposed to first prove that the offending vehicle was being driven by the accused namely Bundu Khan. Testimony in this regard has been given by PW-1 Anurag Saxena who was driving the scooter when his scooter was hit by the offending vehicle which was allegedly driven by accused Bundu Khan. FIR No. 166/2003 State Vs. Bundu Khan PS: Dilshad Garden Page no. 10 of 20 PW-1 Anurag Saxena correctly identified accused Bundu Khan in the court. The fact that the offending vehicle i.e. Truck was being driven by the accused Bundu Khan is further proved by the statement of Ct. Ashok Kumar who was examined as PW-9 who stated that accused was apprehended while he was running away. PW-6 Vijender Singh i.e. owner of truck also deposed that on the date of incident accused was driving the offending truck.

31. Thus, it is clear from the testimony of the PW-1 Anurag who was also one of the injured himself & father of deceased and the testimony of the PW-9 Ct. Ashok, who were the eye witness that the accident took place due to rashness and negligence of the driver of the offending vehicle. The fact that the accused was driving the offending vehicle has already been proved as discussed above. The factum of accident has already been proved. It has already been proved that the simple injuries being caused to Victim Akanksha and death of deceased Anmol Saxena was also caused. Thus, there is sufficient material on record to prove that the offence under Section 279/337/304A IPC was committed by accused Bundu Khan.