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10. Date of judgment : 25.07.2022. 

FIR No. : 90/17                                                    Page 1 of 17 Pages





                                         Brief Facts

1. The accused Dinesh Kumar has been set up to face trial for the offence U/s 279/338 IPC with the allegations that on 15.05.2017 at about 07:45AM, on the road coming from Dhansa Border towards Dhansa Village near Hanuman Mandir Shiv Shakti Mandir, New Delhi within the jurisdiction of PS JP Kalan, he was found driving Royal Enfield motorcycle bearing registration no. DL-4S-CA-0333, in a rash and negligent manner so as to endanger human life and the personal safety of others and while driving the aforesaid motorcycle in the aforesaid manner, he hit one motorocycle bearing Regn. no. HR-14C-8053 which was driven by the complainant Yogesh Kumar and caused grievous injuries to the complainant and thereby committed offence u/s 279/338 IPC and within the cognizance of this court.

After the usual investigation, the charge sheet was prepared in context of the present FIR against the accused.

PRE-TRIAL PROCEDURE

2. The final charge sheet for the offence U/s 279/338 IPC was filed against the accused on 03.10.2018 whereupon the cognizance was taken on 24.04.2019 and provisions of Sec. 207 Cr. P.C. were complied. After hearing arguments, the accused was charged U/s 279/338 IPC on 06.12.2019 to which the said accused pleaded "Not Guilty" and instead claimed trial.

1) Driving of a vehicle or riding on a public way.
2) Such driving or riding must be so rash or negligent as to endanger human life or to be likely to cause hurt or injury to any other person.

Section 338 of I.P.C. : The essential ingredients of offence punishable under section 338 of I.P.C. are as follows:

(1) Some act is done by the accused;
(2) He did it rashly or negligently;
(3) The act was such as to endanger human life or personal safety of others; (4) Grievous hurt was caused in consequence of such act.

28. By going through the above discussion, this court is of the view that prosecution is failed in proving the offence u/s 279/338 IPC against accused Dinesh Kumar beyond reasonable doubt and resultantly, the accused Dinesh Kumar is hereby found not guilty and stands ACQUITTED for the offence u/s 279/338 IPC. The B/B & S/B, if any stands discharged. All the points of determination are decided accordingly.

29. The original documents of the sureties, if any on record, be released to the said sureties after cancellation of the endorsements thereupon as and when so applied.