STATE Vs. VIPIN GUPTA

JUDGEMENT

(1.) The present appeal has been filed by the State seeking to assail the judgment dated 11.10.2006 passed by the learned MM in case FIR No.597/2000 registered under Sections 279/304-A IPC at Police Station: Kotwali.

(2.) The case relates to an incident dated 30.10.2000, when one Sarfuddin was admitted in LNJP Hospital as a result of an accident. When the injured Sarfuddin was admitted in the hospital, he was accompanied by two friends, namely, Mohd. Saleem (PW-5) and Sahirul. Mohd. Saleem had made a statement to the police that after having their dinner, when he alongwith the injured and one Sahirul came out from a Dhaba situated at Paltoon Bridge Road, Upper Yamuna Pushta, and were walking down to their Jhuggi, a scooter driven by the respondent came at a very high speed and hit Sarfuddin, who fell down on the spot. Mohd. Saleem (PW-5) and Sahirul had apprehended the respondent with the help of the public persons and thereafter, a PCR van came to the spot and had taken the injured to the hospital. The respondent alongwith the scooter was handed over to the ASI. Based on the aforesaid statement, the subject FIR was registered. After completion of the investigation, a charge-sheet was filed and the respondent was charged under Section 279/304-A IPC, for which he had pleaded not guilty and claimed trial.

(3.) The prosecution had produced seven witnesses, including the IO, ASI Bhagwan Dass(PW-7), the eye witness, Mohd. Saleem(PW-5), andhe Mechanical Inspector(PW-4). In his testimony, PW-7, the IO of the case, had deposed about the manner in which the case had got registered and the respondent had been arrested. He had also deposed about the seizure of the scooter and the receipt of the death information of the deceased on 01.11.2000. Mohd. Saleem (PW-5, the complainant) had deposed about the death of the injured that had taken place on the day after his admission. He had stated in his testimony that he did not remember the complete registration number of the scooter and was not in a position to tell the approximate speed of the scooter, nor could he state as to whether there was any negligence or rashness on the part of the scooterist, except that the scooter was being driven at a high speed.