Death in accident; court acquits driver, co-accused in New Delhi

A Delhi court has acquitted two persons, including the driver of a truck, of the charges of fatally injuring a motorist in an accident and throwing him in an open sewer where he died in 2007.

"Having regard to the fact and circumstances of the case, I am of the considered opinion that the prosecution has failed to prove the guilt of accused beyond reasonable doubts and accordingly, I acquit Arvind Yadav and Nek Ram of the charged offences, giving them the benefit of doubt," additional sessions judge Paramjit Singh said.

Accused Arvind Yadav, a resident of Darbanga district in Bihar and Nek Ram, hailing from Oriea in UP, were charged with culpable homicide not amounting to murder and destruction of evidence under the IPC.

Victim Brij Mohan, a resident of Nangloi in west Delhi who was riding his scooter on the night of December 3, 2007, was allegedly hit from behind by a truck driven by Arvind near Jai Vihar Road in New Delhi.

Both the accused took away the victim from the spot on the pretext of taking him to a hospital. However, they dumped him in an open sewer which ultimately led to his death, the prosecution said.

It was alleged that Arvind was driving the vehicle in a rash and negligent manner and they, in furtherance of their common intention, dumped the victim.

The court, however, acquitted the accused duo saying the testimonies of three key witnesses, Radhey Shyam, Subhash Chand and ASI Rajbir Singh "do not inspire confidence as there are material contradiction and discrepancies in their testimonies and these contradiction/discrepancies are fatal to the case of the prosecution."