STATE Vs. LLYAS ALIAS CHHAKAN KHAN

JUDGEMENT

(1.) This petition is being filed by State against the judgment dated 23.12.2011 whereby the accused has been acquitted by the learned Metropolitan Magistrate, Dwarka, Delhi.

(2.) The facts in brief of the case are that on 18.11.1998, on information received at PS Jafarpur Kalan vide DD No. 23-A, Head Constable Sh.Satya Prakash along with Constable Naresh Kumar went to spot i.e. Bakkar Garh Mor Bahadur Garh and saw scooter bearing registration No. DL4S-H-5577 lying on the side of the road, he also noticed stains of blood at the spot. On enquiry he came to know that both the injured had been removed to some unknown hospital. No eye witness met him on the spot. Thereafter, he returned to police station.

(3.) The complainant along with two dead bodies and some persons methim in the Police Station. The statement of complaint Sh.Umed Singh was recorded on 18.11.2010. In his complaint he stated, that on 18.11.1998, after finishing his job he came by bus and got down at Bahadurgarh Mor Bus stand. About 5-6 other persons who were going towards his village on foot, were also along with him. He saw two young boys on a scooter crossed them. At about 06:30 PM a truck being driven in a rash and negligent manner came from Bahadurgarh side and hit the scooter from right side due to which both the boys fell far from the scooter. The people raised shouts of "PAKRO PAKRO" but due to darkness, the number of truck could not be noted down. He along with some other persons rushed towards both the boys and saw that the boys had received injuries on their head and feet and blood was also oozing out from various parts of their body. He saw that one of those boys was of his own son namely, Sh.Jai Singh @ Sonu and other boy namely Devender, S/o Shri Shanti Swaroop belongs to his village.