STATE (NCT OF DELHI) Vs. RAJ KUMAR

JUDGEMENT

(1.) This appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (In short "Cr.P.C.") is directed against the judgment of acquittal dtd. 31/8/2015 passed by Metropolitan Magistrate, District North West, Rohini Courts, Delhi in connection with FIR No. 59/2008 at PS Vijay Vihar, Delhi for the offence punishable under Ss. 279/304A of the Indian Penal Code, 1860 (In short "IPC").

(2.) The prosecution case in brief is that on 16/11/2008 one Sudhir Maan ("Complainant") was present at his house. On that day at about 8 p.m. his friend namely Rakesh Dabas ("deceased") and Dilbagh (PW-10) came to him at his house. Thereafter, they all proceeded to village Karala at the house of their friend. They were going to Karala on two motorcycles. The deceased was driving the motorcycle bearing registration No. DL-8SAH-5151 and Dilbagh (PW-10) was on another motorcycle with the complainant (PW-1). The deceased was driving the above said motorcycle ahead of their motorcycle. When they reached at a 100 feet road, one Tempo Traveller bearing registration no. DL-lVA4233 came from behind at a very high speed and struck against the motorcycle of the deceased due to which the deceased fell down alongwith the motorcycle and came under the said tempo, subsequent to which, the tempo driver namely Raj Kumar ("accused") dragged them for some distance. The complainant (PW-1) and Dilbagh (PW-10) raised alarm but the accused did not stop his vehicle and fled away towards the side of BudhVihar. Thereafter they chased the tempo and apprehended the accused at Ganda Nala BudhVihar, Delhi. They deboarded the accused from the said tempo who was found under the influence of liquor. They gave the information to police and police officials came at Ganda Nala. Thereafter, they went to the hospital, where, the complainant identified the dead body of the deceased. It is alleged that since the respondent/accused was driving the vehicle rashly and negligently so as to endanger human life or to be likely to cause injury to other persons, FIR for offences punishable under Ss. 279/304A of the IPC was registered against him. The Court took cognizance as a prima facie case was made out against the accused.

(3.) The respondent/accused pleaded not guilty. Accordingly, trial was conducted. The learned Trial Court after appreciating the entire evidence and material available on record, acquitted the respondent/accused. Hence, the State is in appeal.