J U D G M E N T

1. The present petition is filed under section 397 read with section 401of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) to set aside the judgment dated 07.06.2023 (hereinafter referred to as “the impugned judgment”) and order on sentence dated 10.10.2023 (hereinafter referred to as “the impugned order”) passed by the court ofAdditional Sessions Judge-05, South, Saket Courts, New Delhi (hereinafter referred to as “the appellate court”) in Criminal Appeal bearing no.337/2018 and judgment dated 16.04.2018 and order on sentence dated 08.08.2018 passed by the court of Sh. Vaibhav Mehta, MM-05, South, Saket Courts, New Delhi (hereinafter referred to as “the trial court”) in case bearing no. 2032754/2016 titled as State V Mahesh arising out FIR bearing no.0551/2007 registered under sections 279/304A of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) at P.S. Mehrauli.

2. The factual background of the case is that HC MahenderBhardwaj along with Constable Shiv Kumar and Constable Sanjeev Kumar on 24.07.2007after receiving DD bearing no.24Areached at Chattarpur Road, Opposite Ansal Villa, Satbari where Truck bearing registration no.HR-47A-8610 (hereinafter referred to as “the offending vehicle”) and Bajaj Pulsar motorcycle bearing no.DL-3SA-3477 were found to be in accidental condition. The injured was already removed to hospital for treatment. HC Mahender Bhardwaj along with Constable Shiv Kumarafter receivingDD no.27Areached at G.M. Modi Hospital, Saket where he obtained MLC bearing no.2697/2007 pertaining to Raj Kumar S/o Richha Ram with history of Road Traffic Accident (RTA) and was declared brought dead.

2.1 HC Mahender Bhardwaj at G. M. Modi Hospital met with Jitender S/o Jagdish (hereinafter referred to as “the complainant”)who was stated to be an eye witness of the incident.HC Mahender Bhardwaj recorded his statement wherein the complainant stated that he was a resident of village and post office Chandan Hola, New Delhi and was a property dealer by a profession. The complainant on 24.07.2007was going to Chattarpurwith regard to property dealing in car along with his cousin Raj Kumar. The complainant was sitting in car while Raj Kumar was on motorcycle make Bajaj Pulsar bearing registration no DL-3SA-3477 and was moving ahead of car of the complainant. The complainant and Raj Kumar at about 7.30 pmreached in front of gate of Ansal Villa,Satbarithen the offending vehicle which was being driven rashly and negligently and on the wrong side came from Satbari Village side and hit against the motorcycle bearing registration no.DL-3SA-3477being driven by Raj Kumar. The motorcycle came under the offending vehicle. Raj Kumar received the injuries on his forehead and neck and became unconscious. The driver of the offending vehicle was identified as Mahesh but he ran away from the spot. Raj Kumar was removed to hospital by the complainant and other persons where he was declared as brought dead.

2.2 FIR bearing no.0551/2007 was got registered on the basis of the statement of the complainant under sections 279/304A IPC at PS Mehrauli. The further investigation was handed over to SI Adesh Prakash. The driver of the offending vehiclewho was identified as Mahesh (hereinafter referred to as “the petitioner”) was arrested. The post-mortem on the dead body of Raj Kumar (hereinafter referred to as “the deceased”) was conducted. The cause of the death was opined as craniocerebral injuries caused by blunt external force which could be possible in road traffic accident.

2.3 The charge sheet was filed after conclusion of the investigation for offences punishable under sections 279/304A IPC. The concerned court took cognizance and after complying with section 207 of the Code, notice under section 251 of the Code was given to the petitioner for offences punishable under sections 279/304A IPC vide proceedings dated 22.08.2009 to which the petitioner pleaded not guilty and claimed trial. The petit