Sangita Dhingra Sehgal, J.

By the present Leave Petition filed under Section 378(1) of the Code of Criminal Procedure,(hereinafter referred as Cr.P.C.) the State seeks leave to appeal against the judgment dated 02.11.2017passed by the learned Trial Court in FIR No. 132/2004, registered at PS, Kamla Market whereby the accused was acquitted of the charge punishable under Sections 279/304A of the Indian Penal Code(hereinafter referred as IPC).

2. Brief facts of the case, as noticed by the Learned Trial Court, are as under:-

"The case of prosecution against the accused Ran Chand is that on 04.04.2004 at about 4pm at JLN Marg, near Bus Stand, Kamla Market, Delhi, within the jurisdiction of PS Kamla Market, he was found driving Ashok Lee Land Truck 709 bearing registration no HR-38C-2513 (hereinafter as 'offending vehicle') in a rash or negligent manner and while so driving dashed against a rickshaw thela being driven by deceased Ram Baran Yadav and caused his death."

3. After completing the investigation, a charge sheet was filed. The accused was charged with offence under Sections 279/304A of IPC to which he pleaded not guilty and claimed to be tried. The prosecution in order to