STATE vs SUDHIR PHAGAAT

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 31st January, 2025 + CRL.L.P. 195/2021 STATE .....Petitioner Through: Ms. Menakshi Dahiya, APP for the State with SI Sachin Panwar, P.S.Fatehpuri and SI Rajender Kumar, P.S.North Avenue. versus SUDHIR PHAGAAT S/O SH.RAMESHWAR SINGH PHAGAAT, R/O H.NO. 421/3, CHATTARPUR EXTENSION, MEHRAULI, NEW DELHI .....Respondent Through: None. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. The Leave to Appeal is sought against Judgement dated 22.09.2020 acquitting the respondent of the offences under Section 279/337/338 of the Indian Penal Code, 1860 („IPC‟ hereinafter) arising out of FIR No. 50/2015 P.S. Fatehpur Beri. 2. The grounds on which the impugned acquittal of the Respondent has been challenged which are essentially that the evidence of the prosecution witnesses have not been considered in the right perspective and it has been erroneously concluded that no case under Section 279/337/338 IPC, was made out. Signature Not Verified Digitally Signed By:VIKAS ARORA Signing Date:22.02.2025 13:20:20 3. Submissions Heard. 4. For the reasons stated in the Application, the Leave to Appeal is hereby allowed. Crl. Appeal No........./2025 (to be numbered by the Registry) 5. Appeal under Section 378(3) of the Code of Criminal Procedure, 1973 („Cr.P.C‟ hereinafter) has been filed against the judgment dated 22.09.2020 vide which the Respondent-Sudhir Phagaat has been acquitted for the offences under Sections 279/337/338 IPC in FIR No.50/2015, P.S. Fatehpur Beri. 6. Briefly stated, the Respondent was alleged to have been driving his vehicle bearing No. DL-3CBV-8433 in a rash and negligent manner on the wrong side of the road and struck against an Accord Car bearing No. DL-2CM-5193 resulting in simple i