STATE ( NCT OF DELHI) Vs. JAGDISH

JUDGEMENT

(1.) In these appeals filed under Sec. 378 of the Code of Criminal Procedure, 1973 (the Cr.P.C.), the respondent/State and PW5, the father of the deceased, in unique ID No. 63298/16on the file of the Metropolitan Magistrate, Tis Hazari, New Delhi, assail the judgment dtd. 8/12/2017 as per which the sole accused has been acquitted of the offences punishable under Ss. 279 and 304A of the Indian Penal Code, 1860 (the IPC).

(2.) The prosecution case is that, on 7/7/2003 at 06:15 P.M., deceased Ravinder Duggal, son of PW5 was riding motorcycle bearing registration no. DL 8ST 6334 through the road towards Punjabi Bagh near the ring road flyover and when he reached in front of Rajdhani College, a blue line bus bearing registration no. DL 1P A-7837 driven by the accused came from behind and rammed his motorcycle as a result of which the deceased was thrown on to the road, pursuant to which he was run over by the bus resulting in his death. The accused is alleged to have been driving the bus in a manner so rash and negligent so as to endanger human life and personal safety resulting in the death of the rider of the aforesaid motorcycle. Hence, as per the charge sheet/final report, the accused is alleged to have committed the offences punishable under Ss. 279 IPC and 304A IPC.

(3.) On the basis of Ext. PW10/A FIS/FIR of PW10, given on 7/7/2003, crime no. 504/2003, Rajouri Garden Police Station, was registered for commission of offences punishable under Ss. 279 and 304A IPC by PW3, Head Constable (HC). PW11, Assistant Sub-Inspector (ASI) conducted 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. .