STATE (NCT OF DELHI) Vs. PAWAN KUMAR

JUDGEMENT

(1.) Crl.M.A. No.13503/2016 (Delay)

(2.) Briefly stated, the prosecution case is that on 16th September 2008, at about 5:36 P.M., DD No.26 regarding a road traffic accident was received and marked to HC Ami Chand. He alongwith Ct. Krishan Kumar reached the place of the incident on the main road in front of B-86, Okhla Industrial Area Phase-II where they found a three-wheeler TSR/Minidor bearing registration number DL-1-LJ-7065 in accidental condition. One person namely Trilok produced the respondent and informed him that the child namely Mohit had sustained injuries in the accident who was taken to the hospital by his father. In the meanwhile, HC Naeem Ahmed reached the spot with DD No.33 regarding admission of the injured persons at AIIMS Trauma Centre. Thereafter, he went to the hospital and collected the MLC of the injured wherein the doctor had declared him brought dead. He recorded the statement of Jagan, father of the deceased who stated that on 16th September 2008 he along with his 8-year old son Mohit was going for some work to B-Block Okhla Industrial Area. While crossing the road he saw one three-wheeler coming from Puri Chowk side in high speed. While driving in a rash and negligent manner the drive hit his son due to which his son fell on the road and came under the tyre of the vehicle. He sustained injuries on his chest due to which lot of blood oozed out. One person namely Trilok Chand came there and with the help of public persons they caught hold of the driver of the vehicle namely Pawan Kumar. Thereafter, he took his son to Trauma Centre AIIMS, who succumbed to his injuries on the way. The public persons present there wrote down the number of the TSR on a piece of paper and gave it to him. On the basis of the aforesaid statement, FIR No. 409/08 was registered at PS Okhla Industrial Area for offences punishable under Sections 279/304A IPC.

(3.) Thereafter, he went to the spot with the father of the victim and seized the offending vehicle vide seizure memo Ex.PW-1/B. The case was handed over to ASI Nizamuddin for further investigation. He recorded the statement of Trilok Chand and prepared the site plan at his instance vide Ex.PW-1/G. The slip pertaining to the number of the offending vehicle was seized vide seizure memo Ex.PW-1/C. The respondent was arrested vide arrest memo Ex.PW-1/E and his personal search was conducted vide Ex.PW-1/F. the driving license of the respondent was seized vide seizure memo Ex.PW-1/D. On completion of investigation, charge sheet was filed. Charge was framed for offences punishable under Sections 279/304A IPC.