KRISHAN KUMAR Vs. STATE

JUDGEMENT

(1.) On 4th January, 1984 at about 4 P.M. an accident took place in which two persons, namely, Vijay Kumar Malik and Smt. Swarna Devi died. Krishna Kumar petitioner is stated to be the person who was driving truck No. DHG-4555. The truck was being driven from the side of Possangipur at a fast speed and in a rash and negligent manner going towards Nazafgarh side. One tempo No. DEL-7749 was being driven from Nazafgarh side. The said truck is stated to have hit the tempo on its right hand side and thereafter hit a two-wheeler scooter No. CPK 9027 being driven by Vijay Kumar Malik who was going towards B-1, Niti Marg. Not only that the truck hit against the tempo and the two-wheeler scooter but continued moving at a fast speed and struck against the wall of House No. B-1/456, Janakpuri as a result of which a portion of the wall also fell down. Smt. Sona Devi standing near the said wall came under the wall. Both the injured person, i.e. scooter driver and Smt. Sona Devi, were removed to the hospital where they died.

(2.) The petitioner challenged his conviction and sentence recorded by a Metropolitan Magistrate by way of filing an appeal. The same was, however, dismissed by an Addl. Sessions Judge, Delhi vide judgment dated 29.10.1990.

(3.) I have heard learned Counsel for the petitioner Shri I.U. Khan and Mr. B.D. Batra, Standing Counsel for the State.