STATE NCT OF DELHI Vs. MOHD ASIF

JUDGEMENT

(1.) In this appeal under Sec. 378(1) of the Code of Criminal Procedure, 1973 (the Cr.P.C.), the State, in serial no. 437/2/14 on the file of the Metropolitan Magistrate-10 (South- East), Saket Courts, New Delhi assails the judgment dtd. 9/2/2016 as per which the sole accused has been acquitted of the offences punishable under Ss. 279 and 304A of the Indian Penal Code, 1860 (IPC).

(2.) The prosecution case is that at about 07:30 PM on 4/3/2012, Taufiq, the deceased, was proceeding on foot along with PW3, his friend, from Sarai Julena Chowk to Jamali Islami Hind Masjid and when they reached near the ATM of Union Bank, Jamia Nagar, New Delhi, the accused riding motorcycle bearing registration no. DL3SBW9340 in a rash and negligent manner so as to endanger human life, knocked him down from behind resulting in causing grievous injuries to him to which he later succumbed. Hence, as per the chargesheet, the accused is alleged to have committed the offences punishable under Ss. 279 and 304A IPC.

(3.) On the basis of Ext. PW3/A FIS/FIR of the deceased, recorded on 4/3/2012, crime No. 137/2012, Jamia Nagar Police Station, was registered for commission of offences punishable under Ss. 279 and 304A IPC by the PW6, Head Constable (HC). PW8, Assistant Sub-Inspector (ASI) conducted the investigation into the crime and on completion of the same, filed the charge-sheet/final report alleging the commission of the offences punishable under the aforementioned Ss. .