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The case of the prosecution in brief is that the complainant is a

barber. On 28.03.2011 at around 5.15 pm, the complainant alongwith his wife

on his motorcycle bearing no. HR30E-1810 Make Hero Honda CD Dawn

was going to the village Hasanpur. The complainant was also accompanied

by his brother -in-law Narender Kumar who was on another motorcycle

bearing no. UP13-1533 marka Hero Honda CD Deluxe. The brother-in-law of

the complainant was riding in front of them and when they reached Chandhut

Police Station near Yamuna Bridge, a truck bearing no. RJ-02GA-2099,

whose driver was driving in a rash and negligent manner, collided with the

motorcycle of Narender Kumar due to which he fell on the road and received

JITESH LAL

2022.07.14 02:46

I attest to the accuracy and

integrity of this document

)

injuries. The complainant drove his motorcycle off the road in order to save

himself but the unknown driver drove his truck in a rash and negligent

manner and struck Narender Kumar from behind and he succumbed to his

injuries and died on the spot. The driver ran away from the spot leaving his

truck there and at that time the complainant saw the driver. He prayed for

action against the accused.

3.

On the same day i.e 28.03.2011 after getting the intimation that

an accident had occurred near the police station between a motorcycle and a

truck, ASI Virender Singh along with HC Devender Kumar and Ct. Maan

Singh reached the spot and met the complainant namely Kunwar Pal who got

his statement recorded upon which formal FIR no. 57 was registered against

the accused. Site plan Ex. PW7/D was prepared. The truck bearing no. RJ02

GA-2099 was taken into police possession vide recovery memo Ex. PW6/A.

The report of the mechanical examination of the offending vehicle Ex.

PW8/A was obtained. The driving license of the accused and RC of the

offending vehicle were taken into police possession vide recovery memo Ex.

PW6/B. The accused was arrested and on completion of investigation,

challan against the accused was presented before the Court.

4.

Finding a prima facie case against the accused under Sections

279 and 304-A of IPC, he was accordingly charge-sheeted, to which, he

pleaded not guilty and claimed trial.

5.

In order to prove its case, the prosecution examined Hoshiyar @

Kunwar Pal as PW1, Suman as PW2, Dr. Udaideep as PW3, Ct. Man Singh

as PW4, Balkishan as PW5, HC Devender Kumar as PW6, IO ASI Virender

JITESH LAL

2022.07.14 02:46

I attest to the accuracy and

integrity of this document

/

Singh as PW7 and ASI Tejpal as PW8 and thereafter, the prosecution

evidence was closed by court order VOD 04.05.2015 as the prosecution

failed to conclude its entire evidence despite several effective opportunities.

PW Raj, the photographer in the present case had died and could not be

examined as a witness.

6.

The statement of accused under section 313 of Cr.P.C. was

recorded and the entire incriminat