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BRIEF STATEMENT OF THE REASONS FOR THE DECISION

1) The accused Anil Kumar S/o Sita Ram had been sent to face trial for the commission of offences under Section FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:34:52 +0530 279/338/304-A of the Indian Penal Code (hereinafter referred to as 'IPC') and 134 r/w Sec. 187 M.V. Act, on the allegations that on 12.11.2012, at about 12.15 am, at Prerna Chowk, Lawrence Road, Keshav Puram, Delhi, accused was driving one Tempo bearing registration no. DL-1LP-1534 in a manner so rashly and negligently and while driving so, the accused struck against the car bearing no. DL-3CBW-0367, and cause death of Smt. Anju Aggarwal not amounting to culpable homicide and also cause grievous hurt on the person of Ms. Meena, Baby Nitya, Varun Aggarwal and Mrs. Sonam Aggarwal. Further, the accused did not take any step to take the above named injured persons to hospital and thus the accused thereby committed offence punishable u/s 279/338/304-A IPC and 134 r/w Sec. 187 Motor Vehicles Act.

2) After completion of the investigation, chargesheet was filed in Court, cognizance of the offences were taken, the above said accused was summoned and after that, he entered appearance, copy of the chargesheet along with the documents was supplied to him in compliance of Section 207 of the Code of Criminal Procedure.

3) Notice was then framed against the accused Anil Kumar on 06.06.2013 for the commission of offences under Section 279/338/304-A IPC and 134 r/w Section 187 Motor Vehicles Act, to which accused pleaded not guilty and claimed trial. FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:35:06 +0530

11) PW-7 ASI Devender Singh deposed that on 12/11/2012 he was posted as HC at PS Keshav Puram and on that day, IO ASI Hari Ram received one DD entry No. 4A regarding acci- FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:35:22 +0530 dent and thereafter he alongwith the IO went to the spot i.e. Prerna chowk - Keshavpuram where they noticed that one WagonR car and one tempo were there in accidental condi- tion. Thereafter, Crime team was called at the spot by the IO and crime team clicked photographs of the spot. Thereafter both the abovesaid vehicles were sent to the Police Station with the help of crane. On inquiry they came to know that the injured persons had already been shifted to the MAX Hospi- tal Subhash Place. Thereafter he alongwith IO reached at the hospital where IO collected the MLCs of the injured persons. One of the injured namely Anju Aggarwal had been declared dead by the doctors. Thereafter on the directions of the IO, he shifted the body of the deceased to mortuary of BJRM Hospi- tal, Delhi, and from there, he went back to the PS. From the PS, he sent one Constable and one W/Ct to the mortuary of BJRM Hospital for safe custody of the body of deceased. Witness was cross examined by Ld. APP wherein he deposed that the registration number of the accidental car was DL 3CBW0367 and registration number of the offending tempo was DL1LP1534. IO seized the above said tempo and car vide seizure memo already Ex.PW6/B. There were four other injured persons namely Nitya Aggarwal, Varun Aggarwal, Sonam and Neena apart from the deceased Anju Aggarwal. He further deposed that one witness who revealed his name as Sudhir Aggarwal was found present in the Max Hospital and the IO recorded his statement and thereafter prepared the tehreer and handed over the same to HC Ramesh who had FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:35:27 +0530 come from the PS to the hospital for registration of FIR. He identified the accused in the court. He identified photographs of the spot showing the offending tempo and the accidental car. The said photographs are Ex.P1 (colly).

12) PW-8 SI Hari Ram deposed that on 12.11.2012, he was posted as ASI at PS Keshav Puram. On that day, he was on night emergency duty, and he received one DD entry no. 4-A which is Mark-8-A. Thereafter, he alongwith HC Devender went to the spot i.e. Prerna Chowk Red Light, Keshav Puram. In the meantime, HC Ramesh also reached at the spot with DD entry no. 5-A. On the spot, he found that one Tata tempo bearing registration no. DL-ILP-1534 and one Volkaswagon car bearing no. DL-3CBW-0367 in accidental condition. On inquiry, he came to know that injured had already been shifted to MAX Hospital. Thereafter, he called the crime team on the spot and the photographs of the spot were got clicked. Inspection of the spot was also conducted by the crime team. Thereafter, both the above said vehicles were sent to PS with the help of Crane by HC Ramesh. Thereafter, he alongwith Ct. Devender went to the hospital where he col- lected total five MLCs of the deceased Anju Aggarwal, in- jured Varun Aggarwal, Nitya Aggarwal and two other in- jured. Thereafter, he recorded the statement of Sudhir Aggar- wal which is Ex.PW2/A. Thereafter, he prepared the tehrir which is Ex.PW8/A. In the meantime, HC Ramesh also reached the hospital and he handed over the tehrir to HC FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:35:32 +0530 Ramesh for registration of FIR, who accordingly, went to the PS. Thereafter, HC Devender took the body of the deceased to mortuary, BJRM Hospital. Thereafter, HC Ramesh reached the hospital after the registration of FIR and handed over the copy of FIR and original tehrir to him. Thereafter, he alongwith the complainant Sudhir Aggarwal and HC Ramesh went to the spot where he prepared the site plan at the in- stance of the complainant which is Ex.PW8/B. Thereafter, at about 9.00 am, he alongwith Ct. Sunil went to mortuary, BJRM Hospital. In the hospital, body of the deceased was got identified through the relatives of the deceased vide dead body identification memos Ex.PW1/A and Ex.PW4/A. Thereafter, the postmortem on the body of the deceased was got conducted and thereafter, the dead body was handed over to relatives of the deceased vide dead body handing over memo which was Ex.PW8/C. Thereafter, he served notice u/s 133 M.V. Act upon the registered owner of the offending ve- hicle which is Ex.PW8/D, on which the owner Arun Bansal gave his reply saying that at the time of incident, Anil Kumar was driving the offending vehicle. Thereafter, owner of the offending vehicle produced Anil Kumar before him. In the meantime, complainant Sudhir Aggarwal along with his brother also reached in PS and after seeing Anil Kumar, the complainant identified him as the person who was driving the offending vehicle at the time of incident. Thereafter, IO ar- rested the accused vide arrest memo Ex.PW8/E. Thereafter, the accused was personally searched vide personal search FIR No. 319/2012 (PS Keshav Puram) U/s 279/338/304-A IPC & 134/187 M.V. Act DIVYA Digitally signed by DIVYA ARORA ARORA Date: 2025.07.30 16:35:37 +0530 memo Ex.PW8/F. Thereafter, he seized the RC, permit, fit- ness, insurance of the offending vehicle vide seizure memos which are Ex.PW8/G, Ex.PW8/H, Ex.PW8/I and Ex.PW8/J, and the said RC, permit, fitness and insurance are Mark-8-B, Mark-8-C, Mark-8-D and Mark-8-E. He also seized the DL of the accused vide seizure memo Ex.PW8/K. The accused was released on bail on the production of surety. On 20.11.2012, he obtained the PM report of the deceased. Thereafter, the case file was handed over to the second IO ASI Naresh from MACT Cell. He identified the accused in the court. He identified the photographs of the offending ve- hicle bearing no. DL- 1LP-1534 and the accidental vehicle bearing no. DL-3CBW-0367. On 12.11.2012, he had seized the Tata Temp bearing no. DL-1LP-1534 vide seizure memo Ex.PW6/A. He had also seized one car bearing registration no. DL-3CBW-0367 vide seizure memo Ex.PW6/B. On 18.11.2012, he also seized the documents of New Northways Transport Organization produced by Arun Bansal vide seizure memo Ex.PW9/A and the said documents are Mark-8A (15 pages, colly).