STATE vs GARIBULLAH

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 09th December, 2025 Date of Decision: 12th December, 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 5th 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 29th 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 Signature Not Verified CRL.A. 721/2003 Page 1 of 6 Signed By:VAISHALI CHAUHAN Signing Date:12.12.2025 16:49:09 against a cyclist Chander Prakash, who died at the spot. The FIR was registered on the statement of the eyewitness Sh. Ram Phar Rai. During investigation the bus and the bicycle of the deceased was seized. The post mortem of the deceased was done. After investigation, the chargesheet was filed under Sections 279/304A of the IPC. 3. Notice under Sections 279/304A of the IPC was given to the respondent to which the respondent pleaded not guilty. The prosecution in order to prove its case, examined 06 witnesses. The statement of the respondent has been recorded under S