THE STATE ( GNCT OF DELHI) vs JAIVEER

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 22.09.2025 Pronounced on : 09.10.2025 + CRL.A.408/2017 THE STATE (GNCT OF DELHI) .....Appellant Through: Ms. Shubhi Gupta, APP for State with SI Navdeep, P.S. Baba Haridas Nagar. versus JAIVEER .....Respondent Through: Mr. Vipin Panwar, Advocate with complainant in person. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been preferred by the State against the judgment dated 26.02.2015 passed by the learned Metropolitan Magistrate- 05 (South-West), Dwarka Courts in proceedings arising out of FIR No. 36/2012, P.S. Baba Haridas Nagar, registered under Sections 279/337/304A IPC, whereby the respondent was acquitted. 2. The case of the prosecution, briefly stated, is that on 17.02.2012 at about 3:00 p.m. near Sultan Garden Colony on Nangloi-Najafgarh Road, the respondent was allegedly driving a Gramin Sewa Magic bearing No. DL- 2W-2937 at high speed in a rash and negligent manner, when he struck against a scooter bearing No. HR-30A-9979 being driven by Jaswant Singh. Signature Not Verified Digitally Signed CRL. A. 408/2017 Page 1 of 9 By:NIJAMUDDEE N ANSARI On the scooter were his wife Rekha and daughter Gunjan. Due to the impact, Jaswant and Rekha succumbed to injuries, while Gunjan sustained grievous injuries. 3. To prove its case, the prosecution examined around 13 witnesses. PW1 Subhash was the complainant and sole eyewitness. PW2 Kishore Kumar and PW4 Met Ram identified the dead bodies. PW3 Ajay Kumar, the owner of the Gramin Sewa, responded to notice under Section 133 MV Act. PW5 Puran Chand conducted mechanical inspection of the Gramin Sewa and scooter. PW10 Dr. B.B. Sinha proved the MLCs. PW12 Dr. Parvinder Singh conducted the post-mortem. The remaining witnesses were formal in n