JUDGMENT

SWARANA KANTA SHARMA, J.

1. 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.· 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 order