DEVINDER KUMAR ALIAS BITTU Vs. STATE

JUDGEMENT

(1.) The present revision petition is filed by the Petitioner under Section 397 of the Code of Criminal Procedure praying inter alia for quashing of the judgment and order dated 11.10.2010 passed by the learned ASJ, Rohini Courts, Delhi, dismissing his appeal against the judgment of conviction dated 30.11.2009 passed by the learned Metropolitan Magistrate, convicting the Petitioner under Section 279/304AIPC. However, the order dated 04.12.2009 on the point of sentence, passed by the learned Metropolitan Magistrate, where under the Petitioner was sentenced to undergo rigorous imprisonment for a period of three months for the offence punishable under Section 279 IPC and rigorous imprisonment for a period of one year with a fine of 8,000/-, and in default, to undergo rigorous imprisonment for three months for the offence punishable under Section 304A IPC, was modified in appeal and reduced to rigorous imprisonment for a period of six months along with a fine of 8,000/- under Section 304A IPC and in default thereof, to undergo simple imprisonment for one month.

(2.) The case as set up by the prosecution was that on 12.03.1997 at about 7:25 PM, the Petitioner, who was the driver of a Blue Line bus No. DL1P-4352, stopped the bus for passengers to alight near Bus Stand route No. 908, Sultan Puri, Delhi. When the deceased Shri Kirpal Singh was alighting from the bus, the Petitioner drove the bus quickly without noticing the fact that the said passenger was still alighting from the bus. The deceased fell down from the bus, sustained injuries under the rear tires of the bus and subsequently succumbed to his injuries and died. As a result, the Petitioner was charged for the offences punishable under Sections 279/304AIPC. After the investigation was completed, charge sheet was filed against the Petitioner and charges framed. The Petitioner claimed that he was not guilty and as a result, the matter was taken to trial.

(3.) Before the trial court, the prosecution examined seven witnesses including, PW-1, Shri Gurcharan Singh, the complainant and a co-passenger and PW-2, Shri Gulab Singh, also a co-passenger travelling in the same bus. After conclusion of the prosecution evidence, statement of the Petitioner was recorded, wherein he claimed to be innocent but chose not to lead any evidence in defense. The trial court considered all the material on record including the testimony of the witnesses and ultimately convicted the Petitioner under Section 279/304AIPC vide judgment dated 30.11.2009. Under the order on sentence dated 04.12.2009, the Petitioner was sentenced to undergo rigorous imprisonment for a period of three months for the offence punishable under Section 279 IPC and rigorous imprisonment for a period of one year with a fine of 8,000/- in default thereof, to undergo rigorous imprisonment for three months for the offence punishable under Section 304A IPC.