STATE NCT OF DELH Vs. BHAGWAN DASS

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/State under Sec.378(1) CrPC against the judgment dtd. 1/8/2015 passed by the learned Metropolitan Magistrate (West), Tis Hazari Courts, Delhi, in CC No. 1398/2/10 arising out of FIR No. 898/1999 registered at P.S. Paschim Vihar under Sections 279/304A IPC, whereby the respondent was acquitted of all charges.

(2.) The case of the prosecution in brief is that on 23/10/1999, the respondent was driving a tanker-truck bearing number DL-1G-9597 in a rash and negligent manner. He struck a cyclist, deceased Surjeet Singh, from the front side at Rohtak Road in front of A1 Super Bazar, who sustained injuries and died before reaching the hospital. The respondent was apprehended at the spot by the public and handed over to the police. Charges were framed under Secs. 279 and 304A IPC. The respondent pleaded not guilty to all charges and claimed trial.

(3.) The prosecution examined as many as 11 witnesses in support of its case. PW-1, Dr. M. M. Narnaware, conducted the post-mortem of the deceased victim"s body and deposed in that regard, proving his report as (Ex. PW1/A). Prithvi Singh and Jagdish Ram, both relatives of the victim, testified as to the identification of the deceased victim"s body at DDU Hospital. Dr. I.J. Kalra, Ex. CMO, DDU hospital (PW-4) stated that the victim was declared brought dead at DDU Hospital on 23.10.1999.