JEET LAL Vs. STATE

JUDGEMENT

(1.) This revision petition under Section 397 read with Section 401 Cr.P.C has been preferred by the petitioner against the judgment dated 17th July, 2010 passed by Shri B.S. Chumbhak, Additional Sessions Judge, Delhi confirming the judgment dated 8th April, 2010 and order on sentence dated 16th April, 2010 passed by learned Metropolitan Magistrate convicting the petitioner under Section 279/304A IPC in case FIR No. 115 of 1996 dated 24th February 1996.

(2.) The sole ground pressed by the counsel for petitioner is that the two courts below committed grave illegality in inferring negligence when there was no direct evidence of negligence of the petitioner.

(3.) It is an undisputed fact that the petitioner was driver of the truck at the time of accident. PW-5 and the deceased both were walking on foot alongside the road when this truck came from behind and hit the deceased from behind. The truck driver stopped the truck as public raised noise and he ran away from the spot after leaving the truck. The witness, with the help of police, took the injured to the hospital. The learned Metropolitan Magistrate and learned Additional Sessions Judge both came to conclusion in that since the truck driver had hit the deceased, a pedestrian from behind, negligence of the truck driver was apparent and stood proved.