STATE vs GANGA SHARAN

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 29.04.2026 Judgment pronounced on: 04.05.2026 + CRL.A. 35/2018 STATE .....Appellant Through: Mr. Utkarsh, APP for the State with PSI Manjeet Dhaka, PS Seelampur. versus GANGA SHARAN .....Respondent Through: Mr. Archit Upadhayay, Advocate (DHCLSC) with respondent in person. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal filed under Section 378 of the Code of Criminal Procedure, 1973 (the Cr.P.C.), the respondent/State in Sessions Case No. 556 of 2009 on the file of the Metropolitan Magistrate, North East District, Karkardooma Court, Delhi, assails CRL.A. 35/2018 Page 1 of 15 Signature Not Verified Signed By:KOMAL DHAWAN Signing Date:04.05.2026 13:33:09 the judgment dated 05.10.2013 as per which the sole accused has been acquitted of the offences punishable under Sections 279 and 304A of the Indian Penal Code, 1860 (IPC). 2. The prosecution case is that on 04.12.1995 at 09:00 PM at G.T Road, Opposite Gurudwara New Seelampur, the accused drove truck bearing registration no. UP-15D-9150 in a rash and negligent manner so as to endanger human life and personal safety and knocked down one Pawan Kumar Jaiswal who was riding a two-wheeler. When the rider fell on the road, the accused is alleged to have caused his death by running the truck over his head. Hence, as per the charge-sheet/final report, the accused was alleged to have committed the offences punishable under Sections 279, 304A IPC and Section 134 of the Motor Vehicles Act, 1988 (the MV Act). 3. On the basis of Ext. PW3/A FIS/FIR of PW3, given on 04.12.1998, crime no. 709/1999, Seelampur Police Station, was CRL.A. 35/2018 Page 2 of 15 Signature Not Verified Signed By:KOMAL DHAWAN Signing Date:04.05.2