STATE (GNGT OF DELHI) Vs. SANTOSH KUMAR

JUDGEMENT

(1.) This appeal under Sec. 378(1) of the Cr.P.C. is directed against the judgment of acquittal dtd. 12/7/2016 passed by learned Metropolitan Magistrate (North-West), Rohini Courts, Delhi in connection with FIR No. 136/2010 PS Mangol Puri, Delhi for offence punishable under Ss. 279/337/338 of the IPC.

(2.) The prosecution case in short is that on 13/3/2010 at about 12.30 AM, the respondent/accused was driving a vehicle (truck) bearing registration No. HR-38E-0194 on a public way rashly and negligently. The respondent/accused struck against one car bearing registration No. DL-1YB-7131 and caused simple and grievous injury to the passengers, namely, Antima Gupta and Shenam Jain. It is alleged that since the respondent/accused was driving the vehicle rashly and negligently so as to endanger the human life or to be likely to cause injury to other persons, FIR for offences punishable under Ss. 279/337/338 IPC was registered against him. After investigation, charge-sheet for offences punishable under Sec. 279/337/338 IPC was filed.

(3.) Respondent/accused pleaded not guilty and claimed trial.