THE STATE ( GNCT OF DELHI) vs RAJENDER KUMAR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 06.11.2025 + CRL.A.864/2016 THE STATE (GNCT OF DELHI) .....Appellant Through: Ms. Shubhi Gupta, APP for State. Versus RAJENDER KUMAR .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 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 31.03.2015 passed by the learned CMM, East District, Karkardooma Courts, Delhi, in Case No. 126/2008 arising out of FIR No. 557/2006 registered under Sections 279/304A/337 IPC at P.S. Pandav Nagar, whereby the respondent was acquitted of all charges. Notably, the leave to appeal was granted vide order dated 08.09.2016. 2. The case of the prosecution, briefly stated, is that on 06.11.2006 at about 11:00 a.m., Pradeep Kumar was going from Mandawali to Shashi Garden on motorcycle bearing no. DL-7SX-9337, with his father Bhim Singh as pillion rider. When they reached near Ganesh Nagar Bus Stand in front of Mother Dairy, an MCD half-truck bearing No. DL-1GB-3384, driven at high speed and in a rash and negligent manner, came from behind Signature Not Verified Digitally Signed By:PREM CRL.A. 864/2016 Pg. 1 of 6 MOHAN CHOUDHARY Signing Date:13.11.2025 23:03:27 and hit their motorcycle. Both fell on the road and sustained injuries; Bhim Singh was declared “brought dead” at R.K. Hospital, while the complainant suffered injury to his right leg. The driver of the truck, i.e., the respondent herein, fled from the spot leaving the vehicle behind. On the basis of Pradeep Kumar’s statement, FIR No. 557/2006 was registered, and upon completion of investigation, charge-sheet was filed. Finding a prima facie case, notice under Sections 279 and 304A IPC was served on