CRL.REV.P. 763/2016 Page 1 of 27 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 1 7 th May , 202 5 Pronounced on: 1 st August , 2025 + CRL.REV.P. 763/2016 NUTAN TYAGI ...Petitioner Through: Mr. Pawan Kumar Sharma, Adv. Versus STATE ...Respondent Through: Mr. Pardeep Gahlot, AP for the State. ASI Om Prakash, P.S. Sarai Rohilla. CORAM: HON ' BLE MR. JUSTICE AMIT SHARMA JUDGMENT AMIT SHARMA, J. 1. The present petition under Section s 397 and 401 read with Section 482 of the &RGH RI &ULPLQDO 3URFHGXUH Cr . P . C ¶ seks the following prayers: - ³6HW$VLGH7KH,PSXJQHG-XGJPHQW & 08.1.2016 Pased By Ms. Ponam Chaudhary, Ld. Special Judge - 07 (Central) (PC Act Cases of ACB, GNCTD) , Tis Hazari Courts, Delhi in appeal bearing no. 08/2016 against the judgment and order of conviction pased by Ld. Metropolitan Magistrate - 04, (Central - District) Tis Hazari, Delhi On 23.09.2015 and 14.08.2016, in Case FIR No. 499/204 U/S 279/304a IPC, P.S. Sarai Rohila, Delhi Whereby Ld. Apelate Court Confirm The Order Of The Conviction And Convicted The Petitioner For The Ofence Under CRL.REV.P. 763/2016 Page 2 of 27 Section 279/304 A IP C and modified the sentence of S.I. Of 2 month for the ofence U/S 279 IP C and S.I. Of 2 month for the ofence U/S 304A IPC; ii. The petitioner be acquitted from the Charges U/s 279/304A IPC. i. Any other relief or direction, which your lordships may deem fit and proper be also passed in favour of the petitioner in the facts and FLUFXPVWDQFHVRIWKHSUHVHQWFDVH´ BACKGROUND 2. The case of the prosecution in brief is as follows: - 2.1 O n 26.09.2004 , upon receiving DD No. 18 P Inderlok, ASI Mohd. Rajiq along with C onstable Ashok Kumar reached at the spot , i.e., Red Light near Zakhira Flyover Chowk and found that one B us bearing registration No. DL1P7563 and scooter No. DL8SM7545 were lying in an acidental condition and the injured person namely, Raisuddin, w as already taken to the Maharaja Agrasen Hospital , Punjabi Bagh . Thereafter, ASI Mohd. Rajiq left C onstable Ashok Kumar at the spot a n d procured the MLC N o . 816/2004 (Ex. PW 8/A) qua the injured Raisuddin , S/o Sh. Inayat Ali, wherein , the doctor ha d made his observation regarding the injured as ³Brought Dead ´. In the Maharaja Agrasen H ospital itself , one person , namely, Tej Bahadur S/o Sh. Mahavir was stated to be the eye witness of the acident. The Investigating Oficer /ASI Mohd. Rajiq recorded the statement of the complainant Tej Bahadur, who stated that on the date of the incident at about 05:25 P . M . when he was going towards Bhusa Mandi fro m his house , at about 05:40 P.M. he reached at r ed l ight under Zakhira Pul , and one bus bearing No. DL1P7563 was coming from high sped and suddenly took a turn from left side and after crossing the red light , it had hit one scooter due to which the driver of scooter CRL.REV.P. 763/2016 Page 3 of 27 came under the bus. The complainant took out the scooter and scooter rider and saw that the injured was his neighbour and his name is Raisudd i n. The complainant imediately put the injured in thre wheler and reached at the Maharaja Agrasen Hospital where the doct o r observed that the injured person w as ³brought dead ´. The acident has ben cau s ed due to driving of bus with high sped and negligence by the present petitioner . On the statement of