STATE (GNCT OF DELHI) Vs. RAM NARESH

JUDGEMENT

(1.) Crl. M.A. No. 48886/2018 (Exemption)

(2.) Briefly stated, the prosecution case is that on 12th October, 2008, DD No.20B regarding an accident at Bhati Mines Road near Mallu Farm was received by SI Gajraj Singh. He along with Ct. Mann Singh went to the spot and found one bus bearing No. DL-1-PA-5249 and dead body of the deceased lying on the road. He recorded the statement of T.M. Mylarappa who stated that he and his friend T.H. Sathyappa boarded one blue line bus bearing No. DL-1-PA-5249 which was going from Radha Soami Satsang towards Dhaula Kuan and they were both standing at the front door and his friend was behind him on the stairs of front door and driver of the bus drove the bus in a fast and negligent manner. When the bus crossed Chandan Hola, the respondent started driving the bus in a zig zag manner and suddenly used brakes and thereafter again all of a sudden started the vehicle and due to the jerk, his friend Satyappa fell down, came under the front wheel due to which he suffered head injury and died on the spot. On the basis of the aforesaid statement, FIR No. 505/08 was registered at PS Mehrauli for offences punishable under Sections 279/304A IPC.

(3.) Thereafter, the site plan was prepared vide Ex.PW-9/B. The belongings of the deceased were seized vide Ex.PW-1/B. The bus was seized vide Ex.PW-1/C. The driving license of the respondent was seized vide Ex.PW-3/B, he was arrested vide arrest memo Ex.PW-1/D and his personal search was conducted vide Ex.PW-3/E. His disclosure statement was recorded vide Ex.PW-3/A. The post-mortem of the deceased was conducted vide Ex.PW-9/C wherein it was opined that the deceased died due to craneo cerebral injuries caused by blunt force which could be possible in a road traffic accident. On completion of investigation, charge sheet was filed. Charge was framed for offences punishable under Sections 279/304A IPC