ABDUL RASHID Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) THIS revision petition is directed against the impugned judgment dated 06th October, 2010 of the Appellate Court whereby the learned Additional Sessions Judge partly accepted the appeal against the judgment of conviction and order on sentence passed by the learned Metropolitan Magistrate and set aside the conviction of the petitioner under Section 279 IPC while maintaining his conviction under Section 304A IPC and the sentence of SI for one year besides the fine of Rs. 3000.00 awarded to the petitioner.

(2.) BRIEFLY stated, case of the prosecution is that on 19th July, 1995 at about 6.15 p.m. at Sanjay Gandhi Transport Nagar, near railway crossing, Samaypur Badli, Abdul Rashid, the revisionist herein, was driving truck No. JK-01-A-3620 in a manner so rash and negligent as to endanger human life and public safety, and which driving so caused an accident resulting in fatal injury to Ram Dass, a young boy.

(3.) IN order to bring home the guilt of the revision petitioner, prosecution examined seven witnesses, including eye witness Ram Karan (PW1).