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