* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 28^th October, 2025

Pronounced on:15th December, 2025

+ CRL.A.1544/2025

STATE (NCT) OF DELHI .....Petitioner

Through: Mr. Shoaib Haider, APP for the State

with SI Dharmveer, PS: Chhawla

versus

SANJAY @ ANIT @ NITA SINGH

S/o Shri Attar Singh

R/o Village & Post Office: Rewla Khanpur,

Najafgarh, Delhi. .....Respondent

Through: Mr. Ashish Dutt, Advocate.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Appeal under Section 378(1)(b) of Criminal Procedure Code, 1973 (hereinafter referred to as “Cr.P.C.”) has been filed on behalf of the Appellant/State challenging Judgment dated 29.04.2017 whereby Respondent has been acquitted for offences under Sections 279/338/304A of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) read with Sections 32/192 & 146/196 of the Motor Vehicles Act, 1988 (hereinafter referred to as “M.V. Act”) in FIR No.0235/2011, registered at P.S.

Chhawla, Delhi, by learned MM, New Delhi.

2. Briefly stated, as per the case of Prosecution, on 18.11.2011 at about 06:25 PM, the Respondent/accused while driving motorcycle bearing No.DL-4S-AL-5033 without insurance and RC in rash or negligent manner,

hit against two other motorcycle bearing Nos.DL-4S-BT-9842 and DL-4S- BN-6990, thereby causing injuries to Rajesh Kumar and death of Ravi and Guddu Negi.

3. Charge-sheet was filed. Notice under Section 251 Cr.P.C. was served upon the accused for the offence punishable under Sections 279/338/304A IPC read with Sections 32/192 & 146/196 M.V. Act, vide Order dated

20.02.2013, to which he pleaded not guilty and claimed trial.

4. The Prosecution in support of its case examined 15 witnesses

5. PW-1 Rajesh is the injured, who deposed about the manner of accident. PW-2 Ved Prakash was registered owner of motorcycle bearing No.DL-4S-BN-6990, who in Reply to Notice under Section 133 M. V. Act, stated that on the day of accident, the offending motorcycle was taken by one Parmod Tyagi (PW-7).

6. PW-3 Jeevan Negi, PW-4 Charan Singh and PW-8 Karan Singh were relatives of the two deceased namely Guddu Negi and Ravi and they identified their dead bodies. PW-5 Smt. Kesar was mother of deceased Ravi. 7. PW-7 Parmod Tyagi had taken the motorcycle bearing No.DL-4S-

BN-6990 from his jija, who was its registered owner, PW-2 Ved Prakash.

8. PW-9 HC Onkar Singh registered the FIR Ex.PW-9/D.

9. PW-10 Ct. Anil Kumar had recorded DD Nos.53B and 54B dated

18.11.2012, whereby the information about the accident was received.

10. PW-11 Puran Chand conducted mechanical inspection of all the motorcycle and submitted his Reports Ex.PW-11/A to C.

11. PW-12 SI Mantosh Kumar, who was joined by PW-9 HC Onkar Singh, reached the spot and conducted the investigations.

12. PW-13 SI Lakh Ram was the second IO, who took over the investigations on 02.12.2011 and eventually, after completion of investigations, filed the Chargesheet before the Court.

13. PW-14 Dr. Parvindra Singh proved the Post-mortem Report of two deceased namely Guddu Negi and Ravi as Ex.PW-14/A and Ex.PW-14/B and opined that the cause of death was due to combined effect of haemorrhage and shock along with spinal shock and crania-cerebral damage (head injury).

14. PW-15, Dr. A. K. Singh proved the MLCs of all three injured namely Rajesh, Guddu Negi and Ravi as Ex.PW-15/A to C.

15. Statement of the accused was recorded under Section 313 Cr.P.C., wherein he denied the incriminating evidence put to him and stated that the accident took place between the bike of the deceased and of the injured, because of which they all fell and suffered injuries. He stated that his motorcycle was not involved in the accident.

16. He did not lead any evidence in his defence.

17. Learned Trial Court, on appreciation of the evidence of the injured, concluded that though it was proved that the offending motorcycle was being driven by the Respondent, but there was no evidence to it being driven in a rash and negligent manner. Consequently, benefit o