CRL.REV.P. 58/2017

Page 1 of 15

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: August 14, 2023

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CRL.REV.P. 58/2017

RAM BABU

..... Petitioner

Through:

Mr. Jitendar Singh, Mr. Praveen

Kr. Singh and Mr. Pravind Jha,

Advocates.

versus

STATE

..... Respondent

Through:

Mr. Utkarsh, APP for State with

SI Udai Singh, P.S. Saket.

CORAM:

HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN

J U D G M E N T (oral)

1.

The present revision petition is filed under sections 397 and 401

of the Code of Criminal Procedure, 1973 (hereinafter referred to as

“the Code”) read with section482 of the Code to impugn the judgment

dated 06.01.2017 (hereinafter referred to as “the impugned

judgment”) passed by the Court of District & Sessions Judge, South

District, Saket Courts, New Delhi (hereinafter referred to as “the

appellate court”) while dismissing the criminal appeal filed by the

petitioner to impugn the judgment dated 23.12.2014 and orders on

sentence dated 05.01.2015 and 26.06.2015 passed by the court of Sh.

Digitally Signed

By:JITENDRA

Signing Date:23.08.2023

11:24:48

Signature Not Verified

CRL.REV.P. 58/2017

Page 2 of 15

Tarun Yogesh, ACMM, South District, Saket Courts, New Delhi

(hereinafter referred to as “the trial court”).

2.

The petitioner/accused Ram Babu (hereinafter referred to as the

“petitioner”) was put to trial arising out of FIR bearing no. 0006/2010

registered under sections 279/338 of the India Penal Code, 1860

(hereinafter referred to as “IPC”) at P.S. Saket on allegations that on

06.01.2010 at about 07:00 PM, he was found driving vehicle Wagon-

R bearing registration no.DL3CBJ-1844 rashly and negligently on

Som-Bazar Road, T-Point near MGF Mall, Saket, New Delhi and

while doing so, hit against a pedestrian Sohan Pal Chauhan and caused

grievous injury/hurt to him. HC Ravinder Singh and Ct. Pradeep

Kumar after receipt of DD bearing no. 43-B, reached at the spot near

traffic light signal, Saket but no injured/eye-witness was found there

and thereafter, they reached at Max Hospital, Saket upon information

received vide DD bearing no. 46-B where they found that Sohan Pal

Chauhan i.e. the injured/victim was admitted vide MLC no.

1244/2010, who was declared not fit for statement. The complainant

(eye-witness) Rajesh Kumar was met whose statement was recorded

and thereafter, on the basis of rukka, FIR bearing no.0006/2010 under

Digitally Signed

By:JITENDRA

Signing Date:23.08.2023

11:24:48

Signature Not Verified

CRL.REV.P. 58/2017

Page 3 of 15

sections 279/338 IPC was got registered. HC Ravinder Singh, during

the investigation, completed the formalities of investigation and filed

the charge-sheet before the concerned trial court. Notice under section

251 of the Code was given to the petitioner for the offences punishable

under sections 279/338 IPC vide order dated 30.08.2010 to which he

pleaded not guilty and claimed trial.

3.

The prosecution examined 5 witnesses including the eye-

witness Ravi Sharma as PW1, the complainant/eye-witness Rajesh

Kumar as PW4 and Investigating Officer ASI Ravinder Singh as PW5.

The statement of the petitioner was recorded under section 313 of the

Code wherein he admitted that he was driving Wagon-R car bearing

registration no. DL3CBJ-1844 on 06.01.2010 at about 07:00 PM at

Som-Bazar Road, T-Point near MGF Mall, Saket, New Delhi but was

not driving the said car rashly and negligently. He further stated that

the pedestrian was talking on mobile phone and was struck by the side

of his car but he was not negligent and the traffic signal was green.

The injured was also listening to songs using earphones. The

petitioner preferred not to lead defence evidence.

4.

The petitioner in the statement under section 294 of the Code

Digitally Signed

By:JITENDRA

Signing Date:23.08.2023

11:24:48

Signature Not Verified

CRL.REV.P. 58/2017

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did not dispute the FIR bearing no.0006/2010