Document Fragment View

Matching Fragments

“Issue notice confining to the nature of offence”.
Facts shorn of unnecessary details as unfolded by prosecution are mentioned hereinbelow:

5. On the intervening night of 9/10.01.1999, an unfortunate motor accident took place involving BMW Car No.M-312LYP. At the relevant point of time, it is no more in dispute that offending vehicle BMW was being driven by respondent. As per prosecution story, the said vehicle was coming from Nizamuddin side and was proceeding towards Lodhi Road. Just at the corner from where Lodhi Road starts, seven persons were standing on the road at about 4.00 a.m. In the said car, Manik Kapur and Sidharth Gupta (since discharged) were also sitting.

6. As per prosecution story, Manoj Malik (P.W.2) had started from his house to leave friends Nasir, Mehendi Hasan and his friend Gulab at Nizamudin Railway Station on foot. When they reached the petrol pump of Lodhi Road, three police officials of checking squad, Constables Rajan, Ram Raj and Peru Lal, stopped them and started checking. In the meantime, BMW car driven rashly and negligently came from Nizamuddin side at a high speed and dashed violently against them. The impact was so great and severe, that they flew in the air and fell on the bonnet and wind screen of the car. Some of them rolled down and came beneath the car. On account of this, accused lost control of the vehicle which swerved to right side of the road and ultimately hit the central verge. The persons who had come under the car were dragged up to that point. Manoj (P.W.2) who had fallen on the bonnet fell down at some distance but did not come under the wheels. After hitting the central verge, car finally stopped at some distance, respondent came out from the car and inspected the gruesome site. It is said that co-passenger Manik Kapur asked the accused to rush from the scene of occurrence. Injured persons were shouting and crying for help. But ignoring them, he drove away the car at high speed towards Dayal Singh College, even though there were still some persons beneath the car. In the said accident ultimately six of them were killed and Manoj (P.W.2) was injured. Accused then took the car to his friend Sidharth Gupta’s house at 50, Golf Links, New Delhi.

9. Pursuant to the information being received, SI Kailash Chand reached the spot. By that time few PCR vans had already reached as the news about the accident was flashed. First to reach the spot was A.S.I. Devendra Singh (P.W.36), who carried Manoj Malik to the hospital. The other PCR vans took the remaining injured /deceased persons to the hospital.

10. S.I. Kailash Chand (P.W.58) wrote a Rukka describing the scene of crime. As per his description, he had found three persons, two constables Ravi Raj and Rajan and one person dead on the spot. He also came to know that other four injured persons were taken in another PCR van to the hospital. He found one broken number plate and other broken parts of the car. When plate was reassembled, the number read as M312LYP BMW. One black colour piece of bumper and rear view mirror were found scattered between 100 to 150 feet. Head of one person was found crushed. There were skid marks of the tyres of the vehicle on the spot for a long distance. The body of another constable namely, Ram Raj was found crushed and his right leg was found at a distance of 10 to 15 feet away. Abdomen of Constable Rajan Kumar was completely ripped open and blood was oozing out on the road. All the three dead bodies were sent to All India Institute of Medical Sciences (AIIMS) by ambulance.

11. Thus, it was clear to SI Kailash Chand that offending vehicle was a black colour BMW car having the aforesaid number plate. Looking to the nature of crime said to have been committed, he recommended registration of FIR under Section 338/304 IPC. The said Rukka was dispatched to the Police Station, where formal FIR was registered.

12. S.I. Jagdish Pandey (P.W.13) also reached the spot. He found a trail of oil on the road starting from the scene of offence. He, thus followed the trail and was able to reach 50 Golf Links. The gate of the house was closed. Jagdish P.W.13 peeped through the side hinges of the gate, and found accused Rajeev Gupta, Bhola Nath and Shyam Singh washing damaged black BMW car. He tried to get the gate opened, but failed. He then gave a message to SHO Lodhi Colony, Ms. Vimlesh Yadav who reached there with S.I. Kailash Chand and the gate was then got opened. This car was not having any number plate. The broken pieces collected from the spot matched with BMW car, other parts collected from the scene fitted well, at the respective places where the car was damaged. Some blood was also noticed in the rear left wheel of the car. On enquiries being made, accused Rajeev informed that car belonged to respondent Sanjeev Nanda, a friend of his son Sidharth Gupta.