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1. The accused Prem Kumar has been sent to face trial for committing offences under Section 279/337/338/304A IPC upon the allegations that on 12.01.2008 at about 08:50 PM near Mother Dairy booth, A-1 & C-1 block, Keshav Puram, Delhi, he was driving Truck bearing registration No. DL1GB2642 in a manner so rash or negligent as to endanger human life and personal safety of others and struck against one scooter bearing registration no. DL 8SS 4078, then hit against one Vikram TSR, then against one rickshaw and then collided with a house, causing of death of Deepak Kumar and Sh. Shravan Verma, grievous hurt to Kashi Ram and simple hurt to PS Keshav Puram U/s 279/337/338/304A IPC Praveen Sethi.
27. He further testified that he moved the request for mechanical inspection of the above-said vehicles to ASI/ Technical Devender Kumar who handed over inspection report of all the vehicles Ex. PW-7/A, Ex. PW-7/B and Ex. PW- 7/C after the inspection. He correctly identified the accused in the court and also identified his signatures on the relevant documents. He was duly cross- examined by the accused.
28. PW12 ASI H. Rehman being the second investigating officer testified as to investigation of the case being marked to him after which he deposited the MLCs of Praveen and Kashi Ram in BJRM hospital on 05.02.08 for final opinion and received the same on 22.02.08 wherein concerned doctor opined on the MLC of Kashi Ram as grievous and MLC of Praveen as simple upon which he added section 338 IPC in challan. He further testified as to having collected the PMR of deceased Deepak and Sarwan, as to recording statement of Kashi Ram on 08.04.08 and filing challan in the court upon completion of investigation. He was not cross-examined despite opportunity.
PS Keshav Puram U/s 279/337/338/304A IPC
36. For the offence under Section 304A of Indian Penal Code, 1860, it was for the State to prove that Deepak and Shrawan Verma had died due to rash or negligent act of accused and that the act causing death did not amount to culpable homicide.
37. To prove the offence under Section 338 of the Indian Penal Code, 1860, it was for the prosecution to prove that a) the accused caused grievous hurt to Kashi Ram; and b) the same was caused by a rash and negligent act so as to endanger human life or the personal safety of others.
66. Copy of judgment be given free of cost to the accused.
Announced in the open court on 18.04.2018 (POOJA AGGARWAL) Metropolitan Magistrate-04/ North West District Rohini District Court/New Delhi Certified that this judgment contains 26 pages and each page bears my PS Keshav Puram U/s 279/337/338/304A IPC signature.
(POOJA AGGARWAL) Metropolitan Magistrate-04/ North West District Rohini District Court/New Delhi PS Keshav Puram U/s 279/337/338/304A IPC