OM PRAKASH Vs. STATE

JUDGEMENT

(1.) This revision petition under Section 397/401 read with Section 482 Cr.P.C. is directed against the order dated 27.8.2001 passed by the Court of Shri Mahavir Singhal, Addl. Sessions Judge, Delhi dismissing the petition of the petitioner and upholding his conviction under Sections 279/304-A IPC. And the sentence to undergo Rl for one year and fine of Rs.1000/-, in default of fine further Sl for 20 days, under Sections 304-A IPC and to undergo Rl for two months and fine of Rs.500/-, in default of fine further Sl for 10 days for the offence under Section 279 IPC, in case FIR No.232/83, P.S.Najafgarh.

(2.) Briefly stated allegations against petitioner are that on 3.10.1983 at about 11.35 a.m., petitioner while driving truck No.HRC 7766 rashly and negligently opposite Government Middle School, Village Bamnoli, Delhi, hit against the cyclist Karambir, as a result of which he fell down and died. The trial court vide judgment and order dated 6.5.1995 convicted the petitioner under Sections 279/304-A IPC and sentenced him as aforesaid. The appeal filed by the petitioner was dismissed by the Addl. Sessions Judge on 27.8.2001. Petitioner is in custody.

(3.) Learned counsel for the petitioner at the outset submitted that petitioner has suffered the pain and agony of trial for over 18 years; that petitioner is gravely sick person suffering from acute T.B.. The Senior Medical Officer, Central Jail Hospital, Tihar has stated in his report that petitioner is suffering from pulmonary tuberculosis with destroyed right lung. His weight is 35 kg only. The report reads as under:-