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The story of the prosecution in brief is as under:-
1. The accused Bahadur Singh S/o Sh. Lal Chand has been sent to face trial under Section 279/427 Indian Penal Code (hereinafter called as IPC) on the allegations that on 03.10.07 at about 12:45 p.m. at Narela Bawana Road, Near Old Gaushala, Narela, Delhi, he was found driving the truck bearing No. HR-69A-3541 in a rash and negligent manner so as to endanger the human life and personal safety of others and while driving PS Narela U/s. 279/427 IPC Sate Vs. Bahadur Singh the above stated truck in the aforesaid manner he hit against the electric pole of high tension wire and caused damages and on the basis of the said allegations, the present FIR bearing no. 530/07 was registered at Police station Narela and the accused has been charged with the offences under Section 279/427 IPC.
2. After investigation, charge sheet was filed against the accused. The copies of charge sheet was supplied to the accused in compliance of Section 207 Code of Criminal Procedure (hereinafter called as Cr.P.C) and notice U/s. 251 Cr.P.C. for the offences U/s. 279/427 IPC was served upon the accused on 21.10.08, to which he has pleaded not guilty and claimed trial.
3. In support of its version, the prosecution examined five witnesses.
4. PW1 is Sh. Ishwar Chand S/o Sh. Shokee Sharma, aged about 46 years, R/o Gali No. 30-B, Swatantra Nagar, Narela, Delhi. He deposed that he did not know anything about this case and he has come to the court on receiving the summons of this court.
6. PW3 is Ct. Dharmender, No. 1037/OD, PS Alipur, Delhi.
He deposed that on 03.10.2007, on receiving DD No. 34 A, he alongwith HC Vijay Pal reached at the spot i.e. Narela-Bawana Road near old Gaushala, where they found one truck bearing registration number HR-69A-3541 in an accidental condition and one high-tension electric tower nearby the spot was also found in damaged condition. He further deposed that no eye-witness was found at the spot. Thereafter, IO prepared rukka on the said DD Number and handed over to him for registration of FIR. After getting the case registered he returned at the spot alongwith PS Narela U/s. 279/427 IPC Sate Vs. Bahadur Singh original rukka and copy of FIR and handed over to the IO. Thereafter, IO prepared the site plan. He further deposed that in the meantime, the owner of the truck Sh. Kishan Kumar came at the spot and introduced himself as owner of the said truck. Thereafter, IO served notice u/s 133 of Motor Vehicle Act and recorded statement of the registered owner of the vehicle. Thereafter, IO called private photographer and got the photographs of the spot. Thereafter, the owner of the truck produced his driver namely Bahadur Singh, i.e. accused present in the court. Thereafter, IO seized the truck vide seizure memo Ex. PW3/A. Thereafter, IO seized driving licence of accused vide memo Ex. PW3/B. In the meantime, IO met one eye-witness namely Ishwar Chand who narrated the incident to IO and IO recorded his statement. Thereafter, IO arrested the accused vide arrest memo already Ex. PW1/A and conducted his personal search vide memo already Ex. PW1/B. Thereafter, on producing surety, accused was released on bail. Thereafter, they brought the case property to PS and deposited the same in Malkhana. Thereafter, IO recorded his statement. During his cross examination by Ld. defence counsel, he deposed that they received the DD no.3A at about 12:45 a.m. He admitted that there is no name of accused as well as eye- witness in the said DD. He further deposed he had not made any departure or arrival entry before leaving or arriving at PS. He also admitted that no official from NDPS/BSES or any govt. officer was called to join the investigation. He denied the PS Narela U/s. 279/427 IPC Sate Vs. Bahadur Singh suggestion that IO had not recorded the statement of eye- witness Ishwar. He also denied the suggestion that IO had obtained the signature of eye-witness Ishwar on blank papers and converted the same into document. He also denied the suggestion that he had deposed falsely at the instance of the IO.
PS Narela U/s. 279/427 IPC Sate Vs. Bahadur Singh PS Narela U/s. 279/427 IPC Sate Vs. Bahadur Singh 20.05.2015 Present : Ld. APP for the State.