STATE (GNCT OF DELHI) Vs. AZAD SINGH

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. 3/7/2015 passed by the Metropolitan Magistrate-03 (Central), Tis Hazari Courts, New Delhi in connection with FIR No. 74/2002 registered at Police Station IP Estate, Delhi for offence punishable under Ss. 279/304A of the Indian Penal Code, 1860 (In short, "IPC").

(2.) The prosecution story in brief is that on 7/3/2002, Head Constable Sunil Kumar ("Complainant") was on duty at Anti Snatching Point alongwith Constable Ombir (PW-6) and at about 5:45 PM, he saw that one person was crossing the road from Ambedkar Stadium towards LNJP Hospital. At that time one Dak Van No. DL-l-LB-0735 ("offending vehicle") came from the side of ITO, BSZ Marg towards Delhi Gate and hit against that pedestrian who had reached in the middle of the road. They rushed towards the spot and found that injured had sustained injuries on his head resulting in his death. The complainant (PW-1) handed over the custody of the accused/driver of the offending van to PW-6 and went to LNJP Hospital alongwith the injured. In the hospital MLC of injured was prepared and the statement of the complainant was recorded. Later on, after reaching the spot, the offending vehicle was taken into possession. At the complaint of the complainant, the present case was registered and after completion of investigation, chargesheet was filed against Azad Singh ("accused") for the offence under Ss. 279/304-A of the IPC. Thereafter, accused was summoned and notice was served upon the accused for offence under Ss. 279/304A of the IPC.

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