STATE Vs. GARIBULLAH

JUDGEMENT

(1.) The present appeal has been preferred by the state against the judgment dtd. 5/2/2000 (hereinafter referred to as the "impugned judgment") passed by the trial court in FIR bearing no. 195/96 registered at P.S. Shakarpur, whereby the respondent has been acquitted under Ss. 279/304A of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC").

(2.) The prosecution case, in brief, is that on 29/5/1996, at 4:00 p.m. near Hathi Shala, J.J. Camp, Vikas Marg, Laxmi Nagar, Delhi, the respondent was driving CRPF Bus no. DBP 7919 in a rash and negligent manner so as to endanger human life or personal safety of others and has hit against a cyclist Chander Prakash, who died at the spot.

(3.) Notice under Ss. 279/304A of the IPC was given to the respondent to which the respondent pleaded not guilty. The prosecution in order to prove its case, examined 06 witnesses. The statement of the respondent has been recorded under Sec. 313 Code of Criminal Procedure, 1973 in which he denied the case of the prosecution.