The main legal point established in the judgment is the requirement to prove guilt beyond reasonable doubt, emphasizing the importance of reliable evidence, such as eyewitness testimony and documentary evidence, in establishing the accused's culpability.

Sunita Gupta, J.

1. Feeling aggrieved by acquittal of the respondent – Bal Kishen for offences under Sections 279/304A of Indian Penal Code in case FIR No.174/99 registered at Police Station Maurice Nagar, the present appeal under Section 378(1) of Code of Criminal Procedure has been preferred by the State.

2. The prosecution case emanates from the fact that on 16.10.1999, PW3 – Mohan Mandal along with his brother Pankaj Mandal were returning back from Sadar Bazar on cycle via Mall Road which was driven by his brother Pankaj and he was sitting on the pillion seat. When they reached at Mall Road Chowk crossing at about 8 pm and his brother had started going towards Timarpur, a DTC bus bearing registration number DEP-9741 route number 258 (from Mori Gate to Sonia Vihar) came being driven by its driver in a very rash and negligent manner and hit the cycle from behind, as a result of which he as well as his brother fell down along with the cycle. His brother was dragged alongwith the cycle by the DTC bus driver for quite a distance and as a result of which his brother sustained grievous injuries. In the meantime, the police came and removed his brother to the hospital who died on the way. This statement made by Mohan Mandal became bedrock of investigation and resulted in registration of an FIR under Section 279/304A of IPC.

3. It is further the case of the prosecution that an information was received by HC – Surender Singh, in-charge PCR Van that a DTC bus bearing registration number DEP-9741 route number 258 after causing an accident had left the spot towards Timarpur. After about 15-20 minutes, the bus came at Sonia Vihar Pusta, near Jal Board Pump. HC Surender Singh went to the bus stop and inquired from the driver and the passengers. The passengers informed him that the DTC bus dragged a cyclist. The message was flashed to control room. SI Rajinder Singh came to the spot. The accused alongwith the bus was handed over to the investigating officer of the case.

4. It is further the case of the prosecution that on receipt of DD No.14A, SI Rajinder Singh went to Mall Road Chowk where he found a cycle in an accidental condition and was informed that the injured have been shifted to the hospital. After leaving constable Rajesh at the spot, SI Rajinder went to HRH, collected the MLC of Pankaj on which doctor has written “patient was brought dead by PCR”. The brother of the deceased Mohan Mandal met him at the hospital and his statement Ex.PW3/A was recorded. Thereafter, SI Rajinder Singh along with Mohan Mandal came back at the spot where he met the eye witness namely Sudershan. On receipt of information from PCR that the offending DTC bus number DEP-9741 has been apprehended by PCR Van Baker 43 at Sonia Vihar Pusta, he along with the eye witness Sudershan went there where HC Surender in charge of Van Baker-43 met him and the bus no.DEP 9741 and its driver Bal Kishan were also present. Sudershan, the eye witness identified the accused as the driver of the vehicle. SI Rajinder brought the bus at the spot alongwith the accused and the eye witness. The complainant Mohan Manda also identified the accused. During the course of investigation, duty slip of accused Bal Kishan was seized from ATI Bhagirath of Nandnagri Depot. After completion of investigation charge-sheet was submitted against the accused/respondent.

5. The accused pleaded not guilty to the charge framed against him. In order to substantiate its case, the prosecution has examined ten witnesses. The case of the accused was one of denial simplicitor.

6. Vide impugned judgment dated 29.09.2012, the respondent-accused has been acquitted of the offences primarily on the ground that PW1 Sudershan Kumar had deposed that he had seen the driver slightly and, therefore, a reasonable doubt is created as to whether he could see the driver fully. PW3 – Mohan Mandal was sitting behind the deceased on the cycle and, therefore, it was not possible for him to see the driver from behind