RAME Vs. STATE

JUDGEMENT

(1.) THIS Revision is directed against the order of the learned Addl. Sessions Judge, Delhi, dated 22-3-79 holding the accused/petitioner guilty of an offence punishable under Section 279/304-A, I.P.C. and sentencing him to undergo rigorous imprisonment for a period of six months and a fine of Rs. 500/-.

(2.) THE facts are not in dispute. On 27th November, 1974, at about 2.30 P.M., the complainant Om Parkash Trikha along with his sister Shakuntala alias Maya Devi was going on his motorcycle on G.T. Karnal Road. He took petrol from Azadpur Petrol Pump and after seating his sister Shakuntala on the pillion seat, proceeded towards Panipat. At about that time, a truck bearing registration No. DHG 5540 driven rashly by the accused came from behind and hit his motorcycle, as a result of which both Om Parkash and his sister fell down. Smt. Shakuntala sustained injuries on her head, while he received multiple injuries on his person. The truck stopped at some distance but the driver, in order to save himself abandoned the truck and ran away from there. Om Parkash put his sister in a taxi to take her to the hospital, but on the way, she died. Instead of taking her to the hospital, he took her to the house of her in-laws in Vijay Nagar Police was duly informed. A.S.I. Tejpal Singh reached the spot and then went to Vijay Nagar. He recorded the statement of the complainant and again went to the spot, took the vehicle into possession and completed the other formalities.

(3.) BOTH the courts below brushed aside the defense of the accused and believed the oral as well as documentary evidence produced by the prosecution on record. The accused was accordingly convicted and sentenced as stated earlier.