$~

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 09^th December, 2025

Date of Decision: 12^thDecember, 2025

+ CRL.A. 721/2003

STATE .....Appellant

Through: Mr. Mukesh Kumar, APP for State

with Mr. Sunil Singh Rawat, Ms. Meenakshi Rawat, Mr. Arsalan Naik, Mr. Siddharth Goyal and Ms. Swati

Pandit, Advocates.

versus

GARIBULLAH .....Respondent

Through: Mr. Sazid S.R. Shah, Advocate

(through VC).

CORAM:

HON’BLE MR. JUSTICE RAJNEESH KUMAR GUPTA

JUDGMENT

1. The present appeal has been preferred by the state against the judgment dated 5^th February, 2000 (hereinafter referred to as the “impugned judgment”) passed by the trial court in FIR bearing no. 195/96 registered at P.S. Shakarpur, whereby the respondent has been acquitted under Sections 279/304A of the Indian Penal Code, 1860 (hereinafter referred to as the

“IPC”).

2. The prosecution case, in brief, is that on 29^th May 1996, at 4:00 p.m. near Hathi Shala, J.J. Camp, Vikas Marg, Laxmi Nagar, Delhi, the respondent was driving CRPF Bus no. DBP 7919 in a rash and negligent manner so as to endanger human life or personal safety of others and has hit

against a cyclist Chander Prakash, who died at the spot.

The FIR was registered on the statement of the