The absence of key eyewitness testimony undermines the prosecution's case on charges of rash and negligent driving, necessitating acquittal.

JUDGMENT :

AMIT SHARMA, J.

1. The present petition under Sections 397 and 401 read with Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘ Cr.P.C .’) seeks the following prayers:-

“i. Set Aside The Impugned Judgment And Order Dated 30.9.2016 & 08.11.2016 Passed By Ms. Poonam Chaudhary, Ld. Special Judge-07 (Central) (PC Act Cases of ACB, GNCTD) , Tis Hazari Courts, Delhi in appeal bearing no. 08/2016 against the judgment and order of conviction passed by Ld. Metropolitan Magistrate-04, (Central-District) Tis Hazari, Delhi On 23.09.2015 and 14.08.2016, in Case FIR No. 499/2004 U/S 279/304a IPC, P.S. Sarai Rohilla, Delhi Whereby Ld. Appellate Court Confirm The Order Of The Conviction And Convicted The Petitioner For The Offence Under Section 279 /304A IPC and modified the sentence of S.I. Of 2 month for the offence U/S 279 IPC and S.I. Of 2 month for the offence U/S304A IPC;

ii. The petitioner be acquitted from the Charges U/s 279/304A IPC.

iii. Any other relief or direction, which your lordships may deem fit and proper be also passed in favour of the petitioner in the facts and circumstances of the present case.”

BACKGROUND

2. The case of the prosecution in brief is as follows:-

2.1 On 26.09.2004, upon receiving DD No. 18 PP Inderlok, ASI Mohd. Rajiq along with Constable Ashok Kumar reached at the spot, i.e., Red Light near Zakhira Flyover Chowk and found that one Bus bearing registration No. DL1P7563 and scooter No. DL8SM7545 were lying in an accidental condition and the injured person namely, Raisuddin, was already taken to the Maharaja Agrasen Hospital, Punjabi Bagh. Thereafter, ASI Mohd. Rajiq left Constable Ashok Kumar at the spot and procured the MLC No. 816/2004 (Ex. PW8/A) qua the injured Raisuddin, S/o Sh. Inayat Ali, wherein, the doctor had made his observation regarding the injured as “Brought Dead”. In the Maharaja Agrasen Hospital itself, one person, namely, Tej Bahadur S/o Sh. Mahavir was stated to be the eye witness of the accident. The Investigating Officer/ASI Mohd. Rajiq recorded the statement of the complainant Tej Bahadur, who stated that on the date of the incident at about 05:25 P.M. when he was going towards Bhusa Mandi from his house, at about 05:40 P.M. he reached at red light under Zakhira Pul, and one bus bearing No. DL1P7563 was coming from high speed and suddenly took a turn from left side and after crossing the red light, it had hit one scooter due to which the driver of scooter came under the bus. The complainant took out the scooter and scooter rider and saw that the injured was his neighbour and his name is Raisuddin. The complainant immediately put the injured in three wheeler and reached at the Maharaja Agrasen Hospital where the doctor observed that the injured person was “brought dead”. The accident has been caused due to driving of bus with high speed and negligence by the present petitioner. On the statement of the complainant, a ruqqa (Ex. PW/9-B) was prepared by the Investigating Officer and the case under Sections 279 /304A of the Indian Penal Code , 1860 (for short, ‘IPC’) was registered. Thereafter, the Investigating Officer prepared the site plan bearing Ex. PW9/C. Subsequently, the offending bus bearing registration No. DL1P7563 and the two wheeler scooter bearing registration No. DL8SM7545 were seized. Further, the Postmortem No. 1577 of the deceased Raisuddin was conducted on 27.09.2004 at Aruna Asaf Ali Hospital, Delhi vide Ex. PW1/A. Statement of witnesses in the present case were recorded and the accidental vehicles were mechanically inspected. After the investigation was complete in the present case, the chargesheet was filed before the Court of competent jurisdiction for the offences punishable under Sections 279 /304A of the IPC.

2.2 After summoning of the petitioner/accused, and after compliance of the provisions under Section 207 of Cr.P.C ., notice was framed against the petition