OM PARKASH Vs. STATE

JUDGEMENT

(1.) CRL .R. 536/2001 & Crl.M. 1005 and 1100/2001 This revision petition under Section 397/401 read with Section 482 Cr.P.C. is directed against the order dated 27.8.2001 passed by the Court of Shri Mahavir Singhal, Addl. Sessions Judge, Delhi dismissing the petition of the petitioner and upholding his conviction under Sections 279/304-A IPC. And the sentence to undergo RI for one year and fine of Rs. 1000/-, in default of fine further SI for 20 days, under Sections 304-A IPC and to undergo RI for two months and fine of Rs. 500/-, in default of fine further Sl for 10 days for the offence under Section 279 IPC, in case FIR No. 232/83, P.S. Najafgarh.

(2.) BRIEFLY stated allegations against petitioner are that on 3.10.1983 at about 11.35 a.m., petitioner while driving truck No. HRC 7766 rashly and negligently opposite Government Middle School, Village Bamnoli, Delhi, hit against the cyclist Karambir, as a result of which he fell down and died. The trial court vide judgment and order dated 6.5.1995 convicted the petitioner under Sections 279/304-A IPC and sentenced him as aforesaid. The appeal filed by the petitioner was dismissed by the Addl. Sessions Judge on 27.8.2001. Petitioner is in custody.

(3.) HE argues that petitioner does not wish to challenge his conviction but would pray for a lenient view on the quantum of sentence. Learned counsel for State is unable to contradict the above facts. Patient is asthenic lower Weight (35 kg). Weight is almost static and no fresh complaints are there. Patient is conscious oriented and ambulatory.