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2025 Supreme(Online)(Del) 7654

IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ KUMAR OHRI, J
THE STATE (GNCT OF DELHI) – Appellant
Versus
JAIVEER – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Shubhi Gupta, APP
For the Respondents:Mr. Vipin Panwar, Advocate

JUDGMENT

1. The present appeal has been preferred by the State against the judgment dated 26.02.2015 passed by the learned Metropolitan Magistrate-05 (South-West), Dwarka Courts in proceedings arising out of FIR No. 36/2012, P.S. Baba Haridas Nagar, registered under Section s 279 /337/304A IPC , whereby the respondent was acquitted.

2. The case of the prosecution, briefly stated, is that on 17.02.2012 at about 3:00 p.m. near Sultan Garden Colony on Nangloi-Najafgarh Road, the respondent was allegedly driving a Gramin Sewa Magic bearing No. DL-2W-2937 at high speed in a rash and negligent manner, when he struck against a scooter bearing No. HR-30A-9979 being driven by Jaswant Singh. On the scooter were his wife Rekha and daughter Gunjan. Due to the impact, Jaswant and Rekha succumbed to injuries, while Gunjan sustained grievous injuries.

3. To prove its case, the prosecution examined around 13 witnesses. PW1 Subhash was the complainant and sole eyewitness. PW2 Kishore Kumar and PW4 Met Ram identified the dead bodies. PW3 Ajay Kumar, the owner of the Gramin Sewa, responded to notice under Section 133 MV Act. PW5 Puran Chand conducted mechanical inspection of the Gramin Sewa and scooter.

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