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IN THE COURT OF MS. BHARTI GARG,
METROPOLITAN MAGISTRATE09 SOUTHWEST
DISTRICT, DWARKA COURTS, NEW DELHI
FIR No. 33/18
Police Station Jafarpur Kalan
Under Section(s) 279/304A IPC
Cr. Case no. 30473/2019
CNR no. DLSW020448972018
IN THE MATTER OF:
Vs.
Puneet Choudhary
S/o Satender Malik
R/o K399, Street no.8,
Mahipalpur Extension, New Delhi ….........Accused
1. Name of complainant : ASI Om Prakash
2. Name of accused person : Puneet Choudhary
3. Offences complained of : Under Sections 279/304A of
The Indian Penal Code, 1860
4. Plea of accused : Not guilty
5. Date of commission of offence : 10.03.2018
6. Date of institution of case : 17.11.2018
7. Date of reserving judgment : 04.01.2023
8. Date of pronouncement : 08.02.2023
9. Final judgment : Acquitted
JUDGMENT:
1. The present case pertains to prosecution of accused in
State Vs. Puneet Choudhary CNR no. DLSW020448972018 Page no.1/12
Digitally signed
by BHARTI
BHARTI GARG
GARG Date:
2023.02.08
15:09:11 +0530
respect of offences punishable under Sections 279/304A of The
Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for
brevity).
2. Shorn of unnecessary details, the case of prosecution is
that on 10.03.2018 at about 10:20 pm, on the main road going
from Jafarpur towards Ujwa Village, near the grave of Jalalu.
Jafarpur New Delhi, the accused was driving car bearing
registration no. HR26BA0221 (henceforth, ‘offending vehicle’)
at high speed in a rash and negligent manner so as to endanger
human life and personal safety of others and hit one motorcycle
bearing registration no.HR26BM9662 (henceforth, ‘damaged
vehicle’) thereby causing death of Rakesh Chauhan (hereinafter,
‘deceased’) not amounting to culpable homicide. The deceased
was rushed to RTRM hospital from where he was referred to
higher centre, where he was declared brought dead. The IO
collected the MLC of deceased and got the FIR registered.
During investigation, he recorded the statement of eyewitness,
prepared the site plan, seized both the vehicles and got them
mechanically inspected. The notice u/S 133 of MV Act was
served and documents of offending vehicle were seized. The
accused was arrested and later released on bail. After the
culmination of investigation, chargesheet was filed against the
accused.
State Vs. Puneet Choudhary CNR no. DLSW020448972018 Page no.2/12
Digitally signed
by BHARTI
BHARTI GARG
GARG Date:
2023.02.08
15:09:25 +0530
supplied to him in compliance with Section 207, Criminal
Procedure Code (henceforth ‘Cr.P.C’).
4. On the basis of material filed along with chargesheet,
notice of accusation under Sections 279/304A of IPC was served
upon accused to which he pleaded not guilty and claimed trial.
The accused admitted the genuineness of DD no.29A as Ex.
P/A/1, FIR no.33/2018 PS Jafarpur Kalan as Ex.P/A/2, certificate
under Section 65B of Indian Evidence Act as Ex.P/A/3, DD
no.31A Ex.P/A/4, DD no.4A Ex.P/A/5, mechanical inspection
report of damaged vehicle as Ex.P/A/6, postmortem report as
Ex.P/A/7, MLC as Ex.P/A/8, mechanical inspection report of
offending vehicle as Ex.P/A/9 and TIP proceedings of accused as
Ex.P/A/10, under Section 294 of Cr. P. C.
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Digitally signed
by BHARTI
BHARTI GARG
GARG Date:
2023.02.08
15:09:36 +0530
He failed to identify the offending vehicle through photographs
and the accused present in court. As PW1 did not support the
case of prosecution on certain facts, the Ld, APP was granted
permission to put him questions in the nature of cross
examination, wherein he was confronted with his previous
statements Mark D1 and Mark D2 and denied that the offending
vehicle bearing registration number HR26BA0221 being driven
rashly and negligently at high speed had hit the damaged vehicle
bearing registration no.HR26BM9662. In his crossexamination
by accused, he admitted that he reached the spot after the
accident had already taken place, but clarified that he was only
one or two seconds late.
6. PW2 SI Om Prakash (first IO) deposed regarding the
investigation conducted by him. Upon receiving information
regarding the road traffic accident, he along with Ct. Kuldeep
went to the spot where they saw the deceased and damaged
vehicle lying in an accidental condition. He did not find any eye
witness at the spot and took the deceased to the RTRM Hospital.
He gave a letter to CMO regarding recording of the statement of
injured Ex.PW2/A but the injured was declared unfit for
statement by the doctor. He went back to the spot and clicked
photographs thereof. He prepared tehrir Ex.PW2/B and got the
FIR registered through Ct. Kuldeep. He then prepared the site
plan Ex.PW2/C and seized the damaged motorcycle vide seizure
memo Ex.PW2/D. Meanwhile, he received information vide DD
no.4A that the deceased had been declared brought dead by
Venkateshwar Hospital after which he got his post mortem
State Vs. Puneet Choudhary CNR no. DLSW020448972018 Page no.4/12
Digitally signed
by BHARTI
BHARTI GARG
GARG Date:
2023.02.08
15:09:46 +0530
conducted at RTRM Hospital qua letter Ex.PW2/E. The body of
the deceased was identified by his relatives namely Vinod Singh
and Joginder Singh vide statements Ex.PW2/F and Ex.PW2/G
respectively. The dead body of deceased was handed over to his
relatives vide memo Ex.PW2/H. The eyewitness Deepak came
forward in the case whose statement was then recorded. The
mechanical inspection of the damaged vehicle was got
conducted. Notice u/S 133 MV Act Ex.PW2/I was served upon
the father of registered owner of offending vehicle/ accused. The
case was then sent to MACT Cell, Dwarka. He identified the spot
and motorcycle through photographs Ex.PW1/P2 (colly). In the
crossexamination, PW2 stated that there was no DD entry
regarding his departure to the spot.
7. PW3 Dr. Sarbjeet Kuntal stated that on 10.03.2018,
he had examined the deceased who was in unconscious condition
and proved his MLC as Ex.P/A/8 . PW4 Inspector Ratan Singh
(second IO) deposed that during further investigation, he served
notice under Section 91 Cr.P.C upon the accused for providing
documents of offending vehicle Ex.PW4/A, arrested him vide
arrest memo Ex.PW4/B, recorded his disclosure statement
Ex.PW4/C, seized the offending vehicle vide seizure memo
Ex.PW4/D, seized the documents i.e. RC, insurance of offending
vehicle and DL of accused vide seizure memo Ex.PW4/E and
filed an application for TIP of accused but he refused to
participate in TIP. He got the mechanical inspection of offending
vehicle conducted and the documents of offending verified from
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Digitally signed
by BHARTI
BHARTI GARG
GARG Date:
2023.02.08
the Transport Authority. He released the offending vehicle on
superdari and prepared the panchnama Ex.PW4/F. In his cross
examination, the witness stated that there was no CCTV camera
installed at the spot and the road on which the accident happened
was meant for both ways.
8. On account of the admission made by accused under
Section 294 Cr.P.C qua the genuineness of DD no.29A as Ex.
P/A/1, FIR no.33/2018 PS Jafarpur Kalan as Ex.P/A/2, certificate
under Section 65B of Indian Evidence Act as Ex.P/A/3, DD
no.31A Ex.P/A/4, DD no.4A Ex.P/A/5, mechanical inspection
report of damaged vehicle as Ex.P/A/6, postmortem report as
Ex.P/A/7, MLC as Ex.P/A/8, mechanical inspection report of
offending vehicle as Ex.P/A/9 and TIP proceedings of accused as
Ex.P/A/10, PWs DO/HC Kunwar Pal, Dr. Parvinder Singh,
Chander Prakash, Dharmender, Ld MM Manu Goel and Dr.
Mani Shankar Madhav were dropped from the list of prosecution
witnesses and their examination in that regard was dispensed
with. Further, upon the request of Ld. APP, PW Ct. Kuldeep was
dropped as he had merely accompanied the IO during
investigation and relevant documents were already exhibited
through IO, and MHC(M) was dropped as he was a formal
witness.
State Vs. Puneet Choudhary CNR no. DLSW020448972018 Page no.6/12
Digitally signed
by BHARTI
BHARTI GARG
Date:
GARG 2023.02.08
15:10:08
denied all the allegations and stated that he has been falsely
implicated in the present case. The accused chose not to lead
evidence in his defence. Thus, defence evidence was closed and
the matter was taken up for final arguments.
11. Per contra, the Ld. Counsel for accused has strenuously
urged for acquittal of accused on various grounds. It is contended
that it is not established beyond all reasonable doubts that the
incident happened due to the offending vehicle. The only eye
witness has not supported the case of prosecution and his
testimony is not worthy of credit. It is further submitted that
prosecution has utterly failed to prove the ingredient of rashness
or negligence on the part of accused.
12. Arguments heard. Record perused. Considered.
State Vs. Puneet Choudhary CNR no. DLSW020448972018 Page no.7/12
Digitally signed
by BHARTI
BHARTI GARG
Date:
GARG 2023.02.08
15:10:18
upon it beyond all reasonable doubts. The failure to do so would
necessarily result in acquittal of accused. It has been held by
Hon’ble Punjab & Haryana High Court in Sadhu Singh Vs.
State of Punjab (1997) 3 RCR (Cri) 421:
"5. In a criminal trial, it is for the prosecution to establish its
case beyond all reasonable doubts. It is for the prosecution to
travel the entire distance from 'may have' to 'must have'. If the
prosecution appears to be improbable or lacks credibility the
benefit of doubt necessarily has to go to the accused."
14. Before delving into merits, it is pertinent to give a brief
outline of offences for which the accused has been tried. Section
279 IPC proscribes the driving of vehicle on a public way in such
a rash or negligent manner so as to endanger human life or likely
to cause hurt or injury to any person. Secondly, Section 304A
makes punishable the causing of death due to such rash or
negligent act. In the instant case, the prosecution is required to
prove the following three points to bring home the guilt of
accused under the aforementioned provisions: (a) deceased died
as a result of collision of the offending vehicle with the damaged
vehicle on the date of incident, (b) the offending vehicle was
driven by the accused at the relevant time, and (c) the accused
was driving the offending vehicle rashly or negligently.
15. At the outset, the fact that the deceased had died in a
road traffic accident on the relevant date and time is not disputed
by the accused. The MLC Ex.P/A/8 and postmortem report
Ex.P/A/7 of deceased stand duly proved in that regard. The cause
of death has been opined in the postmortem report as ante
mortem injuries caused by blunt force trauma and possible due to
State Vs. Puneet Choudhary CNR no. DLSW020448972018 Page no.8/12
Digitally signed
by BHARTI
BHARTI GARG
Date:
GARG 2023.02.08
15:10:28
the accident as alleged by prosecution.
18. Moreover, the disclosure statement of accused, which
largely encapsulates such facts as would amount to confession of
State Vs. Puneet Choudhary CNR no. DLSW020448972018 Page no.9/12
Digitally signed
by BHARTI
BHARTI GARG
GARG Date:
2023.02.08
15:10:38 +0530
accused before the IO, is wholly inadmissible in evidence owing
to the interdict of Section 25 of The Indian Evidence Act, 1872.
Furthermore, although the mechanical inspection report of the
offending vehicle depicts the existence of certain damages
thereon, however, in the absence of any other evidence, direct or
circumstantial, on record to prove the presence of offending
vehicle or the accused at the spot during the time of incident, it
assumes no significance to indicate the complicity of accused in
any manner, whatsoever.
19. No other evidence, documentary or ocular, is brought
forth to establish that offending vehicle was involved in the
alleged accident or that accused was driving the said vehicle.
Now, despite the fact that the accused refused to participate in
the TIP proceedings may raise an adverse inference against him,
the absence of any substantive evidence on record to establish his
implication in the instant case renders such an inference
insufficient for the prosecution to discharge its onus of proving
the case against the accused beyond all reasonable doubts. This is
particularly when there is no witness in the case who had seen
the accused at the time of incident.
20. Furthermore, there is no evidence on record to highlight
such facts on record which would show that the offending
vehicle was being driven rashly or negligently. Elucidating upon
the expressions ‘criminal rashness’ and ‘criminal negligence’, the
Hon’ble Supreme Court observed in Alister Anthony Pareira Vs.
State of Maharashtra (2012) 2 SCC 648 as hereinunder:
State Vs. Puneet Choudhary CNR no. DLSW020448972018 Page no.10/12
Digitally signed
by BHARTI
BHARTI GARG
GARG Date:
2023.02.08
15:10:48 +0530
“37. In Empress of India v. Idu Beg ILR (1881) 3 All 776, Straight
J., explained the meaning of criminal rashness and criminal
negligence in the following words:
“…criminal rashness is hazarding a dangerous or wanton act with
the knowledge that it is so, and that it may cause injury but without
intention to cause injury, or knowledge that it will probably be
caused. The criminality lies in running the risk of doing such an
act with recklessness or indifference as to the consequences.
Criminal negligence is the gross and culpable neglect or failure to
exercise that reasonable and proper care and precaution to guard
against injury either to the public generally or to an individual in
particular, which, having regard to all the circumstances out of
which the charge has arisen, it was the imperative duty of the
accused person to have adopted.”
The above meaning of criminal rashness and criminal negligence
given by Straight, J. has been adopted consistently by this Court.”
21. In view thereof, it is clear that in order to label the rash
act of accused as criminal, it should be of such nature as would
imply complete recklessness or indifference towards the
hazardous consequences which may ensue, i.e. the culpability
arises from acting despite consciousness. Similarly, a negligent
act would be culpable in criminal law if there has been a gross
neglect in duty of exercising reasonable care. It has also been
held in catena of decisions that a bald averment to the effect that
accused was driving in rash and negligent manner is not
sufficient to infer the same. The prosecution must bring on record
those facts explaining the manner of driving which would
unequivocally taint it with the colour of rashness and negligence.
Nevertheless, there is not even an iota of material to show that
the offending vehicle was being driven rashly or negligently,
apart from the account of PW1, who has not uttered even a single
word in that regard in his deposition.
State Vs. Puneet Choudhary CNR no. DLSW020448972018 Page no.11/12
Digitally signed
by BHARTI
BHARTI GARG
GARG Date:
2023.02.08
15:10:58 +0530
prosecution has not adduced evidence, both oral and
documentary, of such formidable nature as to deduce that the
deceased had died due to collision with the offending vehicle or
that accused was driving the said vehicle on the date of incident.
The manner of driving the offending vehicle has not been
elaborated in a way as to irresistibly call it rash or negligent. The
prosecution has the bounden duty to discharge the initial onus
before it can shift on to the other party. As the basic ingredient of
rashness or negligence has not been proved by prosecution so as
to attract the offences of Sections 279/304A IPC, the inescapable
conclusion is that the accused is entitled to benefit of doubt.
23. Resultantly, since the prosecution has failed in proving
its case beyond reasonable doubts against the accused, the
accused Puneet Choudhary S/o Satender Malik R/o K399,
Street no.8, Mahipalpur Extension, New Delhi is hereby
acquitted of the offences punishable under Sections 279/304A of
The Indian Penal Code, 1860.
Digitally
signed by
BHARTI BHARTI GARG
Pronounced in open court in the GARG
Date:
2023.02.08
presence of accused on 08.02.2023. 15:11:06
+0530
(Bharti Garg)
MM09/South West District
Dwarka Court/New Delhi/08.02.2023
It is certified that this judgment contains twelve pages and
each page has been signed by the undersigned.
Digitally signed
by BHARTI
BHARTI GARG
GARG Date:
2023.02.08
15:11:13 +0530
(Bharti Garg)
MM09/South West District
Dwarka Court/New Delhi/08.02.2023
State Vs. Puneet Choudhary CNR no. DLSW020448972018 Page no.12/12