STATE vs DILIP KUMAR KHANNA

Judgment text excerpt

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 10.02.2025 + CRL.L.P. 240/2022 & CRL.M.A. 10294/2022 STATE .....Petitioner Through: Mr. Aashneet Singh, APP SI Santosh, PS Mukherjee Nagar ASI Umesh Kumar, PS S.P. Badli versus DILIP KUMAR KHANNA .....Respondent Through: CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) CRL.L.P. 240/2022 1. This is a petition seeking leave to appeal against the judgment dated 13.11.2019 passed by learned ACMM, (North), Rohini Courts, Delhi, in C.C. No. 5281159/2016 arising out of F.I.R. No. 377/2009 dated 14.11.2009 registered at P.S. Mukherjee Nagar, wherein the respondent was acquitted for offences under Sections 279 and 304A of Indian Penal Code, 1860 (“IPC”). 2. The brief facts of the case are that on 14.11.2009 at about 08.00 PM, the respondent was driving a motorcycle bearing registration no. DL- 4S-AL-7777 and allegedly struck one bicycle as a consequence of which the cyclist (deceased) sustained fatal injuries. 3. The F.I.R. was registered on the complaint of the son of the deceased. Digitally Signed CRL.L.P. 240/2022 Page 1 of 10 By:MAYANK Signing Date:18.02.2025 19:51:20 After the completion of the investigation, a charge sheet was filed against the respondent for alleged commission of offences punishable under Sections 279 and 304A of IPC to which the respondent pleaded not guilty and claimed trial. 4. The prosecution examined a total of 9 witnesses and the statement of the accused/respondent under Section 313 of CrPC was recorded, wherein he claimed himself to be innocent and having been falsely implicated in the case by a police official. The respondent also examined 1 witness in his defence. 5. The learned ACMM after considering the entire evidence, acquitted the respondent under Sections 279