STATE vs IRSHAD KHAN

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 08.12.2025 Pronounced on : 11.12.2025 Uploaded on : 11.12.2025 + CRL.A. 639/2016 STATE .....Appellant Through: Mr. Pradeep Gahalot, APP for State with SI Vishnu Singh, PS Badarpur versus IRSHAD KHAN .....Respondent Through: Ms. Gayatri Nandwani, Advocate (DHCLSC) CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been preferred by the appellant/State under Section 378 Cr.P.C. seeking setting aside of the impugned judgment dated 29.08.2014 passed by the learned ACMM, South-East District, Saket Courts, New Delhi, in proceedings arising out of FIR No. 722/1998 registered at P.S. Badarpur, whereby the respondent was acquitted of all charges. Notably, the leave to appeal before this Court was granted vide order dated 20.07.2016. 2. The case of the prosecution, briefly stated, is that on 08.10.1998 at about 12:45 PM, at Main Mathura Road, near Rajiv Gandhi Camp, Badarpur, the respondent was driving truck bearing no. HR-38-2462 in a rash and negligent manner and he hit a motor cycle bearing no. DL-4SL- Signature Not Verified Digitally Signed By:PREM CRL.A. 639/2016 Page 1 of 6 MOHAN CHOUDHARY Signing Date:11.12.2025 21:59:30 1247 from behind and caused simple injuries to one Khushal Singh and caused the death of one Rajinder Kumar, not amounting to culpable homicide. 3. The prosecution examined 8 witnesses in support of its case. The injured complainant Kushal Singh was examined as PW-1. PW-2 and PW-3 identified the body of the deceased Rajinder Kumar. HC Bijander Singh, the first I.O. of the case, was examined as PW-4; and Ct. Rajesh Kumar, who assisted him, was examined as PW-5. ASI Rajender Singh, the duty officer, was examined as PW-6. The second I.O. of the case, SI Ram Sahay, was examin