STATE NCT OF DELHI Vs. HARI NANDAN PRASAD

JUDGEMENT

(1.) On the basis of evidence and report submitted under Section 173 of the Criminal Procedure, 1973 on conclusion of investigation into first information report (FIR) No. 385/2008 under Sections 279/338/304-A of Indian Penal Code, 1860 (IPC) of police station Hauz Khas, the Metropolitan Magistrate took cognizance on 22.12.2008 and summoned the respondent, eventually putting him on trial on 15.07.2009 through notice under Sections 251 Cr.P.C., 1973 on the accusations that on 27.10.2008 at about 3.15 p.m. he was the driver of car bearing No. DL9CH1802 (hereinafter referred to as "the car") and that he had driven it on Shaheed Jeet Singh Marg, Near Qutub Hotel, Katwaria Sarai, New Delhi within the jurisdiction of police station Hauz Khas in rash or negligent manner thereby endangering human life and in that process had caused an accident by colliding against a three wheeler scooter (TSR) No. DL1RF1964, driven by one Ram Jofu carrying two passengers Vishal (PW-3) and G.V.S. Sai Ram (PW-4), as a result of which the Ram Jofu died while the said two passengers suffered grievous injuries.

(2.) The trial resulted in judgment dated 31.8.2013 of the court of Metropolitan Magistrate (05), South District, Saket, New Delhi whereby the respondent was held guilty and convicted, as charged, for offence punishable under Sections 279/338/337/304-A IPC, the injuries of PW-3 having been found to be simple in nature. By subsequent order dated 5.9.2013, punishment was awarded by the Metropolitan Magistrate in the form of simple imprisonment for six months, eight months, six months and one year for offences punishable under Sections 279/338/337/304-A IPC, with directions to pay compensation.

(3.) The respondent challenged the said judgment of conviction and order on sentence by criminal appeal No. 167/2013 which was allowed by the Court of Sessions by judgment dated 17.3.2015 thereby acquitting the respondent.