(1.) MAHABIR Singh who was a driver of Mini Bus No. DLP 5690 on 6th December, 1979 was convicted for the offences under Sections 279/304IPC vide judgment dated 8th June, 1987 and was sentenced to R.I. for two years with a fine of Rs. 2000/- and in default to undergo S.I. for four months vide order dated 12th June, 1987 by a M.M. Delhi.
(2.) THE allegations against the petitioner has been that on 6th December, 1979 at about 9.00 P.M. while driving the bus in a rash and negligent manner caused the death of a pedestrian named Bhagwan Dass. He filed an appeal in the Sessions Court which was dismissed by an Additional Sessions Judge Delhi vide judgment dated 14th January, 1991.
(3.) THE case of the prosecution has been that on 6th December, 1979, D.D. No. 26-A was recorded at Police Station Kingsway Camp at 9.45 P.M. to the effect that one pedestrian met with an accident with a mini bus near DTC booth Rana Partap Bagh. The investigation was taken up by S.I. Ramesh Pal Singh who did not find any eye witness at the spot nor the vehicle involved in the accident was available. Proceedings were taken and during the course of the investigation statement of one Puran Mai was recorded who claimed himself to be an eye witness of the incident and alleged that the mini bus No. DLP 5690 was drived by the petitioner in a rash and negligent manner at a fast speed hitting the pedestrian causing his death. Mini bus DLP 5690 was seized and was got mechanically inspected. The petitioner was arrested who refused to participate in the test identification parade. The investigation revealed that it was bus No. DLP 5690 driven by the accused which was involved in the accident and the rash and negligent driving of the bus by the petitioner was responsible for causing the death of the aforesaid pedestrian B hag wan Dass.