In an unusual turn of events, a Delhi court’s judgment in a 2012 fatal road accident case was delayed after the court’s regular stenographer abruptly left the courtroom, reportedly threatening to commit suicide. The presiding Judicial Magistrate, Ms. Neha Garg (JMFC-02, East District, Karkardooma Courts), noted in her order dated April 29, 2025, that the stenographer’s departure prevented the dictation of judgment. The matter was accordingly relisted for May 9, 2025, when the final verdict was pronounced.
In her detailed judgment, the court convicted Sukhdev @ Sukha, son of Balbir Singh and a resident of Sunlight Colony No.2, Ashram, New Delhi, for causing the death of a motorcyclist due to rash and negligent driving. The court held him guilty under Sections 279 and 304A of the Indian Penal Code, 1860, in FIR No. 108/2012 registered at PS Geeta Colony.
Background
The prosecution alleged that on April 9, 2012, at about 5:50 AM, in front of Shamshan Ghat on Pusta Road, Geeta Colony, the accused was driving a truck bearing registration number HR-55J-1919 in a rash and negligent manner. While doing so, he struck a black Apache motorcycle (DL-7SBB-5830) from behind, resulting in the death of its rider, Akash Kashyap.
The chargesheet was filed under Sections 279 and 304A IPC. The accused denied the allegations and claimed trial. Notice was framed against him on August 19, 2014, and his statement under Section 313 CrPC was recorded on March 26, 2025.
Prosecution Evidence
Key prosecution witnesses included:
PW-2 HC Narender and PW-8 Retired SI Kuldeep Singh, both of whom were on PCR duty at the time and testified as eyewitnesses.
PW-2 stated that he saw the truck hitting the motorcycle near Shamshan Ghat Red Light and subsequently chased and apprehended the accused near Yamuna Khadar.
PW-8 corroborated the sequence of events and stated that he took the injured victim to SDN Hospital in PCR R-28, where Akash Kashyap was declared brought dead.
Photographs of the accident site and damaged vehicles were exhibited, and mechanical inspection reports confirmed damage to both the front of the truck and the rear of the motorcycle, supporting the prosecution’s version that the truck hit the motorcycle from behind.
Court’s Observations and Analysis
The court examined the testimonies of the police witnesses and found them reliable and consistent. Judge Neha Garg noted:
“It is clear from the foregoing discussion that the prosecution has been able to bring on record sufficient evidence which supports the hypothesis of guilt of the accused.”
Responding to the defence’s argument regarding the absence of public witnesses, the court cited settled law that:
“There is no view of law or evidence, which lays down that unless and until the testimony of the police officials is corroborated by some independent evidence, the same cannot be believed.”
The court further observed that minor discrepancies in the statements regarding the exact position of the vehicle did not affect the core case, especially since the site plan (Ex. PW9/A) and other documentary evidence established the proximity of the truck to the accident spot.
The accused’s own admission under Section 313 CrPC — that his truck was parked near the site and that he had gone for a nature’s call — was found insufficient to explain the mechanical damage to the vehicle or to displace the prosecution’s version.
Final Order
Based on the cumulative evidence and findings, the court concluded:
“The prosecution has been able to prove beyond reasonable doubt that the accused was driving truck bearing no. HR-55J-1919 in rash and negligent manner so as to endanger human life and personal safety of others and while driving the said vehicle in the said manner, the accused hit the motorcycle bearing no. DL-7SBB-5830 thereby causing the death of its driver Akash Kashyap.”
Accordingly, Sukhdev @ Sukha was convicted under Sections 279 and 304A IPC. Sentencing proceedings are expected to follow.
