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Date when reserved for judgment : 27.07.2023 Date of judgment : 02.09.2023 BRIEF STATEMENT OF THE FACTS FOR DECISION:

1. The present case pertains to prosecution of accused Chuttan Lal (here-in-after referred to as the accused), pursuant to charge sheet filed qua him under Section 279/338 of the Indian Penal Code, 1860 (hereinafter IPC for sake of brevity) subsequent to the investigation carried out at P.S: Kapashera, in FIR no. 117/2021.

2. It is the case of the prosecution that on 28.03.2021, at about 01.15 p.m, near Bamnoli Cut, Najafgarh-Kapashera Road, Kapashera, New Delhi, within the jurisdiction of PS Kapashera, the accused was found driving one Swift Desire Car bearing registration no. DL3CAH1888, in a manner so rash or negligent so as to endanger human life and personal safety of others. Due to this act of the accused, his aforesaid vehicle hit against one motorcycle bearing no. HR76D6855 being driven by the complainant/victim Vinod Kumar, resulting in grievous injuries to him. Consequently, an FIR was registered in the present case and after investigation, the police filed the present charge sheet against the accused for commission of offence punishable u/s 279/338 IPC.

3. Complete set of charge sheet and other documents were supplied to the accused. Notice for offence punishable u/s 279/338 IPC was served upon the accused to which he pleaded not guilty and claimed trial. Further, the accused, vide his statement u/s 294 Cr.P.C, had admitted the genuineness of copy of FIR No. 117/2021 alongwith certficate u/s 65B of IEA Ex. A1(colly).

MATERIAL EVIDENCE IN BRIEF:

4. The prosecution, in support of the present case has examined five witnesses in total.

APPRECIATION OF EVIDENCE AND CONSEQUENT FINDINGS QUA OFFENCE U/S 279/338 IPC:

15. Arguments adduced by Ld. APP for State and accused have been heard. The evidence and documents on record have been carefully perused.

16. I have bestowed my thoughtful consideration to the rival submissions made by both the parties. Accused Chuttan Lal has been indicted for the offence u/s 279/338 IPC. Section 279 IPC provides punishment for offence of driving a vehicle in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person; and section 338 IPC provides punishment for causing grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others. To drive home the guilt of the accused under section 279/338 IPC in road accident cases, following ingredients are required to be proved:- a). That the accused was the person who was driving the offending vehicle at the time when the accident occurred. b). That the accused drove the vehicle in a rash and negligent manner. c). That grievous hurt to the victim was the direct and proximate cause of the injuries suffered by way of rash and negligent driving of the accused. It must be causa causians - the immediate cause, and not enough that it may be causa sine qua non - proximate cause. (Ref. Suleman Rahiman Mulam v. State of Maharasthra AIR 1968 SC 829; Ambalal D Bhatt v State of Gujarat AIR 1972 SC 1150).

25. Accordingly, this Court hereby accords the benefit of doubt to the accused for the offence u/s 279/338 IPC and holds the accused not guilty of commission of the said offence. Accused Chuttan Lal is thus, acquitted of the offence u/s 279/338 IPC.

27. Copy of this judgment be given free of cost to the accused.

Announced in the open court APOORVA on 02.09.2023, in presence of DN: c=IN, o=DELHI DISTRICT COURT, ou=DWARKA DISTRICT COURTS, 2.5.4.20=e44f370ed24181afbc2552a0a075c9cf689ff4e8 6802cbb6c9139ae70e7949dc, postalCode=110075, accused and Ld. Counsel for RANA st=Delhi, serialNumber=457f315065357ee9f2e1d748229faa4332 02ffd2fbde3dd6e840c4f724c62ed4, cn=APOORVA accused.