STATE Vs. AVADH KISHORE

JUDGEMENT

(1.) THIS order shall dispose of an application filed by the State under Section 378(1) Code of Criminal Procedure seeking leave to appeal against the judgment dated 04.06.2007 passed by Mr. Sandeep Yadav, M.M., New Delhi. In the application, it has been stated that the grounds of appeal set out in the accompanying appeal be taken as the grounds for grant of leave and that the acquittal of the respondent has resulted in grave mis -carriage of justice.

(2.) THE application has been opposed by the learned Counsel appearing for the respondent. Arguments were heard.

(3.) ON the statement of Shoukat Ali, FIR was registered. Case was investigated. Site plan was prepared by the I.O. IO recorded statement of witnesses. Postmortem report of the deceased was also obtained by the IO from the hospital. After considering evidence, the ld court framed the notice under Section 279/337/304A IPC against the respondent i.e., Avadh Kishore. The respondent i.e., Avadh Kishore in response to the said notice took the defence that accident took place when he was driving the vehicle but accident happened on account of brake failure. In his statement under Section 313 the respondent i.e., Avadh Kishore again stated that there was no rashness and negligence on his part and because of the failure of breaks of his TSR he was unable to control the vehicle and subsequently, accident occurred.