State vs . Neeraj Kumar on 17 January, 2020

3. Arguments were heard and notice for the offences u/s 283/304A IPC & U/s 122/177 Mv Act was framed against the accused to which the accused pleaded not guilty and claimed trial.

4. Prosecution examined thirteen witnesses:

4.1. PW1 Sh. Nafe Singh entered the witness box on 28.01.2017 and deposed that on 26.02.2015 at about 6.15 am he and Pradeep were returning home after night duty. He stated that when they reached near service station Devta wala Mandir, they heard a collision. They saw that half body truck and a motorcycle had got into an accident. He stated that one DTC bus driver noticed the accident and made call at 100 number. He stated that the motorcyclist had fallen down and he helped the motorcyclist. He stated that the truck driver came and informed that his name was Ravi. He stated that he took the motorcyclist to hospital in a passing car with the truck driver. He stated that he could not say if the halfbody truck was stationed or in moving because there was fog. He stated that the truck driver had parked the truck without any indication or parking lights. He identified the accused and the offending vehicle in photographs Ex P1 to P4.

4.8. PW8 ASI Bharat Lal entered the witness box on 22.05.2017 and deposed on the lines of charge sheet. He stated that after the death of injured he prepared rukka Ex. PW8/A and conducted further investigation. He stated FIR No.: 121/2015 U/s : 287/304A IPC and 122/177 MV Act P.S : Chhawla that he prepared site plan Ex. PW8/B. He identified the photographs of motorcycle Ex. P5 to Ex. P8.

4.9. PW9 ASI Narender entered the witness box on 30.06.2017 and proved DD no. 10A dated 26.02.2015 Ex. PW9/A, DD no. 12A dated 26.02.2015 Ex.PW9/B, DD no. 9A dated 03.03.2015 Ex. PW9/C, present FIR Ex. PW9/D and endorsement on rukka Ex. PW9/E. 4.10. PW10 Rajesh Kumar entered the witness box on 11.08.2017 and deposed that he is the registered owner of the half bodied truck and on the day of accident the truck was being driven by his driver accused Neeraj. He stated that he received notice u/s 133 MV Act Ex PW10/A to which he gave reply Ex. PW10/B. He stated that the documents of the truck were seized by the IO vide memo Ex. PW10/C and the truck was released on superdarinama Ex. PW10/D. 4.11. PW11 Insp. Satbir Singh entered the witness box on 20.09.2017 and deposed that he had met the injured in the hospital and he was also fit for statement but the injured requested for some time to give statement. 4.12. PW12 Mukesh Kumar entered the witness box on 20.09.2017 and deposed that he is the registered owner of the motorcycle and on the day of accident the motorcycle was being driven by his relative Jagdish. He stated that the motorcycle was released on superdarinama Ex. PW12/A after panchnama Ex. PW12/B. 4.13. PW13 SI Lakh Ram entered the witness box on 25.04.2018 and deposed on the lines of charge sheet. He stated that he prepared site plan Ex. PW 13/A at the instance of Nafe Singh and seized the truck vide memo Ex. PW 13/B. He stated that he arrested the accused vide memo Ex. PW13/D and FIR No.: 121/2015 U/s : 287/304A IPC and 122/177 MV Act P.S : Chhawla conducted his personal search vide memo Ex. PW13/E. He stated that he seized driving licence of the accused vide memo Ex. PW13/F.

5. Statement of accused u/s 294 CrPC was recorded wherein he admitted MLC Ex P/1/A and post mortem report Ex P/1/B.

6.Statement of accused u/s 281 CrPC was recorded wherein he denied all the allegations made against him. He chose not to lead evidence in defence.

7. I have heard both the sides and perused the record.

8. To prove offence u/s 283 IPC and 122/177 MV Act, prosecution had to prove that the accused omitted to take such order with the property in his possession or under his charge causing danger, obstruction and injury to any person in any public way. Further, to prove offence u/s 304A IPC prosecution had to prove that while doing so accused causeing death of victim Jagdish Prasad.

15. Consequently, prosecution has not been able to prove its case beyond reasonable doubt. Accused Neeraj Kumar Singh is acquitted for offences u/s 283/304A IPC and 122/177 MV Act.



   Announced in open court today                           (Richa Gusain Solanki)
   on 17th January 2020                                   Metropolitan Magistrate07
                                                          Dwarka District Court/Delhi

                                                            RICHA          RICHA GUSAIN
                                                            GUSAIN         SOLANKI
                                                                           Date: 2020.01.17
FIR No.: 121/2015 U/s : 287/304A IPC and 122/177 MV Act     SOLANKI        18:09:22 +0530
P.S : Chhawla

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