LAWS(DLH)-1991-1-73

MOHAN LAL Vs. STATE

Decided On January 25, 1991
MOHAN LAL Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) FACTS giving rise to this revision petition are that on 4-2-1979 at about 6.20 a.m., opposite Khanpur Depot on Mehrauli Road, petitioner Mohan Lai while driving truck No. DHL 22 rashly and negligently on public road, struck against Dalip Singh and caused injuries to him. The petitioner did not stop the truck and succeeded in running away from the spot. The injured was removed to Safdarjung Hospital by Attar Singh (P.W.ll), who later on succumbed to his injuries.

(2.) AS the petitioner succeeded in running away from the spot after causing the accident, notice under Section 88 of the Motor Vehicles Act, dated 8.2.1979 it was served upon Shri Pritam Singh owner of the truck, who in his reply (Ex. PW10/A) informed that on 4.2.1979 at 6.20 a.m. (Date & Time of accident) Shri Mohan Lai (Petitioner) was the driver of his truck No. DHL 22 and that he was in his employment and he would produce him. The petitioner was arrested on 15.2.1979 and challaned for the offences under Sections 279 and 304 A of the Indian Penal Code. "

(3.) IN appeal the Additional Sessions Judge confirmed the order of conviction but on the point of sentence, the order of the trial Court was modified to the extent that the fine amount was reduced to Rs. 2000/- from Rs. 10, 000/- as imposed by the trial Court. Aggrieved by the said judgment of the Additional Sessions Judge dated 12th October, 1983, the petitioner has filed this revision petition.