STATE Vs. SATISH KUMAR

JUDGEMENT

(1.) The present petition is filed under Sec. 378 (3) Cr.P.C. to impugn the judgment dtd. 12/12/2018 passed by the Court of Ms. Neha Gupta Singh, MM-02, North District, Rohini Courts, New Delhi in case no. 5288518/2016 arising out of FIR bearing no.0492/2007 dtd. 22/6/2007 registered for the offences punishable under Sec. 279/304A IPC at P.S. Samai Pur Badli, whereby the respondent was ordered to be acquitted for the offence punishable under Sec. 279/304A IPC.

(2.) As per prosecution, on 22/6/2007 at around 01:00 PM at Lower G.T.K Road in front of Gurdwara, Libas Pur within the jurisdiction of P.S. Samai Pur Badli, the respondent/accused was found driving bus bearing no. DL 1PA 5771 in a rash and negligent manner and while doing so, he struck against one motorcycle bearing no. DL 8SAG 6571, as a result of which, a pillion rider Ram Avatar (deceased) fell down and crushed under the rear wheel of the bus. After the investigation, the charge-sheet was filed under Sec. 279/304A IPC.

(3.) The notice under Sec. 251 Cr.P.C. was given to the respondent for the offence punishable under Sec. 279/304A IPC to which, the respondent pleaded not guilty and claimed trial. The prosecution during the trial examined 08 witnesses including eye-witness Vinod Kumar as PW-1. PW-1/Vinod Kumar deposed as under:-