Order 4

Order Details: COPY OF ORDER
Pdf Text: SC no. 286/2023 21.09.2023
IN THE COURT OF MS. KIRAN GUPTA ADDITIONAL
SESSIONS JUDGE – 04, NEW DELHI DISTRICT,
PATIALA HOUSE COURTS DELHI
State VS. Farman
SC No. 286/2023
FIR NO. 45/2023
PS : Parliament Street
ORDER ON CHARGE
1. Vide this order, I shall decide the aspect of
charge. It had been argued by ld. defence counsel that
no offence under S. 307 IPC is made out against the
accused as he neither had any intention; knowledge nor
any relation or connection with the victim. The accused
had no knowledge that victim was stuck under his car. It
is submitted that if the case of prosecution is believed
to be true, even then offence under s. 279/338 IPC is
only made out against the accused. It is prayed that
accused be discharged for the offence under S. 307 IPC.
2. Per contra, it is submitted by the ld. Addl. PP
for the State that the accused despite knowing the fact
that the victim / rikshaw puller had fallen from the
bonnet of the car in front of his car, he increased the
speed of the car. He was well aware that the rikshaw
puller was stuck under his car, however, he did not stop
State Vs. Farman Page No. 1 of 4
-- 1 of 4 --
SC no. 286/2023 21.09.2023
the car and dragged the victim for a distance of 350
mts. It is only when there was a red light and the
passerby scooty driver stopped his scooty in front of the
car, the accused stopped his car and the victim was
removed from under the car of the accused. It is
submitted that offence under S. 279/307/338 IPC is
made out against the accused.
3. Heard ld. Addl. PP for the state, ld. defence
counsel and perused the complete chargesheet.
4. The case of prosecution is that on
25.04.2023 at about 8 pm information was received at
PS Parliament Street that “Firoz Shah Road KG Marg,
caller bata raha hai ki ek gaadi wala ek bike wale ko
200 mts tak ghaseet kar le gaya hai, bahut chot aayi
hai”. On receipt of the information, police officials of PS
Parliament Street reached at the spot where the caller
namely Vinod Vig handed over a man namely Farman
and told that this is the man who was driving his car no.
DL 12CR 3062 in a zig zag manner in high speed. He hit
the rikshaw puller at Firoz Shah Road and dragged him
for around 350 mts. After taking the accused Farman in
custody, some of the police officials reached Dr. RML
Hospital where they found that the injured Manoj was
admitted with injuries. Since the doctor declared him fit
State Vs. Farman Page No. 2 of 4
-- 2 of 4 --
SC no. 286/2023 21.09.2023
for statement, his statement was recorded, wherein he
stated that in between 7:13 pm to 7:25 pm, while he
was taking turn towards Madhav Rao Scindiya Road, a
swift car hit his rikshaw due to which he fell on the
bonnet of the car. He got stuck under the car and was
driven by the driver of the car for some distance. Few
people of the public stopped the car and took him out
from under the car. The concerned IO also recorded the
statement of Dipender Kumar, who was sitting with the
accused Farman in the car at the time of the incident.
He in his statement recorded during investigation
stated that after the car which Farman was driving at
that time, hit the rikshaw puller, the rikshaw puller fell
on the bonnet of the car. On this Farman increased the
speed of the car due to which the rikshaw puller fell in
front left side of the car and the “car us par chhad gyi”.
Due to this they also felt jerk in the car. He told Farman
to stop the car but Farman increased the speed of the
car. In the meantime, one scooty rider brought his
scooty on the side of their car and shouted at them to
stop the car as the rikshaw puller was stuck under the
car, however, Farman did not stop the car. After some
distance there was a red light. The said scooty driver
stopped the scooty in front of the car and removed the
rikshaw puller who was stuck under the car.
State Vs. Farman Page No. 3 of 4
-- 3 of 4 --
SC no. 286/2023 21.09.2023
5. From the statement of all these witnesses
and the injured, it is evident that when the car of the
accused hit the rikshaw puller, due to said hit the
rikshaw puller fell on the bonnet of the car. The car
driver did not stop the car at that time, but accelerated
the speed due to which the rikshaw puller fell down
from the bonnet and the car moved above him. Even at
that time the accused who was driving the car did not
stop the car and increased the speed. Even when the
scooty driver informed that rikshaw puller is stuck
under the car, the accused did not stop the car. It is
only when there was red light and the scooty rider
parked his scooty in front of the car, the accused
stopped the car and the rikshaw puller / injured was
removed from under the car.
On the basis of above discussion and
material available on record including the
statement of the witnesses, prima facie offence
under S. 279/307 IPC is made out against the
accused Farman.
Announced in open (KIRAN GUPTA)
court on 21.09.2023 ADDL. SESSIONS JUDGE - 04
NEW DELHI DISTRICT
PATIALA HOUSE COURTS, DELHI
State Vs. Farman Page No. 4 of 4
-- 4 of 4 --