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2023 Supreme(Del) 3801
IN THE HIGH COURT OF DELHI AT NEW DELHI
Swarana Kanta Sharma, J.
Ali Jaan – Appellant
Versus
State NCT of Delhi – Respondent
Cr.REV.P. 712 of 2023 & Cr.M.(BAIL) 927 of 2023
Decided On : 21-08-2023
Mr. Amit Khatana & Mr. Kunal Khatana, Advocates, for the Petitioner.
Mr. Manoj Pant, APP, for the State with SI Narender Kumar, PS Chanakya Puri.
The main legal point established in the judgment is the standard of proof required to establish the rash and negligent acts of the accused in a road accident, and the court's discretion in sentencing based on the severity of the consequences.
Headnote:
Section 397 - Criminal Procedure - Code of Criminal Procedure, 1973 - 482 - Indian Penal Code, 1860 - Motor Vehicles Act, 1988 - 279/338/304A, 115/194 - The court discussed the offenses under Sections 279/338/304A of the Indian Penal Code, 1860 and Sections 115/194 of the Motor Vehicles Act, 1988, and the relevant provisions of the Code of Criminal Procedure, 1973 in relation to the conviction and sentencing of the accused for causing death and grievous injuries in a road accident.
Fact of the Case:
The case involved a road accident resulting in the death of two individuals and grievous injuries to others. The accused was convicted under Sections 279/338/304A IPC and had his sentence modified by the learned ASJ.
Finding of the Court:
The court found that the prosecution had established the rash and negligent acts of the accused beyond any doubt, leading to the conviction and upholding of the sentence by the learned ASJ.
Issues: The issues revolved around the identification of the accused as the driver of the offending vehicle, the nature of the accident, and the leniency of the sentence.
Ratio Decidendi: The court relied on the testimonies of the witnesses, site plan, and mechanical inspection report to establish the accused's negligence and upheld the conviction based on the evidence presented.
Final Decision: The petition and pending application were dismissed, affirming the conviction and sentence of the accused.
JUDGMENT
Swarana Kanta Sharma, J. The instant petition has been filed on behalf of the appellant under Section 397 read with Section 482 of the Code of Criminal Procedure, 1973 (`Cr'P.C..) assailing the order dated 27.03.2023 passed by the learned Additional Sessions Judge, South-East District, Saket Courts, Delhi (`learned ASJ') in Criminal Appeal No.173/2019 arising out of FIR bearing no. 170/2008 registered at Police Station Chanakya Puri, Delhi for offence punishable under Sections 279/338/304A of Indian Penal Code, 1860 (`IPC') and Sections 115/194 of Motor Vehicles Act, 1988 (`M.V. Act').
2. Briefly stated, the facts of the case are that on 17.08.2008 at 10:45 AM, an information regarding an accident at Ridge Road, near Buddha Garden, New Delhi was received at P.S. Chanakyapuri, New Delhi, after which concerned police official had reached the site of incident and had found a Maruti Car bearing registration no. DL-2CZ-5822 and a truck bearing registration no. HR-38M-4551 in accidental condition. The driver of the truck was identified as accused Ali Jaan, and injured persons at the site of incident were taken to hospital. During the course of investigation, it was revealed that the complainant Vivek Arora alongwith his wife and two daughters was traveling in his car from Rajender Nagar to Vasant Kunj, Delhi, and while passing through Buddha Garden, one truck came in reverse direction and had hit the car. The accused was driving the offending vehicle at the time of incident. In the said incident, the wife of the complainant and one of his daughters' had expired, and the complainant and his daughter Diksha Arora had sustained grievous injuries. Further, upon completion of investigation, chargesheet was filed on 25.05.2009.
3. During the course of trial, prosecution had examined injured eye witnesses PW-2 i.e. complainant and PW-8 i.e. injured daughter of complainant. The superdar of the offending vehicle was examined as PW-5.
4. The learned Trial Court had acquitted accused/petitioner under Sections 115/194 MV Act and had convicted him vide order dated 06.06.2019 and order on sentence was passed on 10.07.2019 sentencing accused/petitioner to undergo (i) simple imprisonment of 2 years along with fine of Rs.2000/- for offence under Section 304A IPC; (ii) simple imprisonment of 6 months for offence under Section 279 IPC and (iii) simple imprisonment of 1 year along with fine of Rs.1000/- for offence under Section 338 IPC. Thereafter, learned ASJ vide order dated 27.03.2023, had modified the sentence to (i) simple imprisonment of 1 year along with fine of Rs.2000/- for offence under Section 304A IPC; (ii) simple imprisonment of 3 months for offence under Section 279 IPC and (iii) simple imprisonment of 6 months along with fine of Rs.1000/- for offence under Section 338 IPC.
5. As per order dated 06.06.2019, the learned Trial Court had convicted petitioner/accused. The relevant portion of impugned order is reproduced as under:
"Thus, in light of the above said observations and the material available on record, the prosecution story stands proved beyond an reasonable doubts that accused Ali Jaan was reversing his vehicle (Truck) in such a rash and negligent manner on a public road, so as to endanger the human life and safety, and thereby he caused the death of victim Poonam Arora and Shivangi Arora and grievous injuries to injured Vivek Kumar Arora (PW-2) and Deeksha Arora (PW-8). There is no convincing rebuttal of the evidence led by the prosecution.
Therefore, in ultimate analysis as a result of trial, the accused Ali Jaan S/o Sh.7 Abdulla is convicted for the offences u/s 279/338/304A IPC.
However, the prosecution failed to prove the allegations that the offending truck driven by the accused was plying in a `no entry' zone and therefore, allegations for offences u/s 115/194 MV Act have not been proved against the accused. Therefore, accused Ali Jaan is acquitted for the offences u/s 115/194 MV Act."
6. The relevant portion of
