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Showing contexts for: section 279/337 ipc in Sate vs . Narender Kumar on 26 June, 2014Matching Fragments
The story of the prosecution in brief is as under:-
1. The accused Narender Kumar, S/o Sh. Surat Singh has been sent to face trial under Section 279/337 Indian Penal Code (hereinafter called as IPC) on the allegations that on 06.03.06 at about 8:00 a.m., at Block A5 Road, Narela, Delhi, he was found driving the vehicle i.e bus bearing registration no. HP 01 1615 in rash and negligent manner and hit against cyclist Mohd. Khokhan Khekhar @ Nasir S/o Mohd. Ali as a result of which he PS Narela U/s. 279/337 IPC Sate Vs. Narender Kumar sustained simple injuries and on the basis of the said allegations, the present FIR bearing no. 155/06 was registered at Police station Narela.
2. After investigation, charge sheet was filed against the accused. The copies of charge sheet were 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 offence U/s. 279/337 IPC was served upon the accused on 28.03.08, to which he has pleaded not guilty and claimed trial.
3. In support of its version, the prosecution examined three witnesses.
4. PW1 is Ct. Raj Kumar, 883 S/E, PS Put Prahlad Pur, Delhi. He deposed that on 06.03.2006 on receipt of DD no.23A he alongwith SI Dhananjay went at the place of accident at Chowk, A-5 Block, Narela, Delhi where they found a bus bearing no. HP 01 1615 and one cycle make Hero in an accidental condition. Thereafter, he came to know that injured had already been removed to SRHC hospital. IO left him at the spot and went to hospital. After sometime he came back at the spot and handed over to him rukka for registration of the case. After getting the case registered he came back at the spot alongwith original rukka and copy of FIR and handed over the same to IO.
7. It is also a matter of record that no other eye witness was examined by the prosecution and accordingly after perusing the record, prosecution evidence was closed on 17.08.2013 and in the absence of any incriminating evidence/testimony of any public witness on record against the accused, his statement u/s 313 Cr.P.C was dispensed with.
8. I have heard the arguments advanced by Ld. APP for the state as well as the accused and perused the record.
9. In the present matter, the accused has been charged for the PS Narela U/s. 279/337 IPC Sate Vs. Narender Kumar offences punishable under Section 279/337 IPC. To prove a case U/s. 279/337 IPC against the accused, the prosecution has to prove the following facts: -
(SANDEEP GUPTA) Metropolitan Magistrate Rohini/Delhi Announced in open court today, Dated 26th June, 2014 PS Narela U/s. 279/337 IPC Sate Vs. Narender Kumar PS Narela U/s. 279/337 IPC Sate Vs. Narender Kumar 26.06.2014 Present : Ld. APP for the State.