JUDGMENT :

1. This appeal under Section 378 of the Code of Criminal Procedure, 1973 (in short “Cr.P.C.”) is directed against the judgment of acquittal dated 08.09.2015 passed by the Metropolitan Magistrate, South District, Saket Courts, New Delhi in connection with FIR No. 245/10 registered at Police Station Ambedkar Nagar, Delhi for the offence punishable under Sections 279/304A of the Indian Penal Code, 1860 (In short “IPC”).

2. The prosecution case in brief in that on 20.08.2010, Head Constable Rameshwar, received DD No. 28A and he accordingly proceeded with Constable Mahavir Prasad (PW-1) to the place of the accident i.e., M.B. Road in front of old petrol pump, where, motor cycle bearing no. DL-3SBJ-8795 (in short “accidental motorcycle”) and bus bearing no. DL-1PB-9178 (in short “offending bus”) were found present. The injured was also found lying near the motor cycle, who was then moved to AIIMS hospital in government vehicle bearing no. DL-1CM-1624 by PW-1. Constable Balram (“Complainant”) was found present at the spot whose statement was recorded with regard to the accide