SHAHID KHAN Vs. STATE

JUDGEMENT

(1.) WITH the consent of the counsel for the petitioner and Additional Public Prosecutor this revision petition has been heard finally today itself.

(2.) THIS revision petition has been filed by the petitioner-convict against the judgment dated 10th September, 2012 passed by the learned Additional Sessions Judge whereby he has affirmed the judgment of the learned Metropolitan Magistrate convicting him under Sections 279/304-A IPC as also the sentence awarded to him.

(3.) BEFORE the trial Court the petitioner-convict had denied that he was driving the above referred car on the date of incident. The prosecution had sought to establish his identity as a driver of the Maruti car on the basis of statement made by its owner PW-3, Rajvinder Singh, who had claimed that on the date of incident his aforesaid car was in possession of the petitioner-convict. Though there was an eye-witness also of the accident, PW-10 ASI Balbir but he had only deposed about the accident and not about the identity of the petitioner-convict as the driver of the Maruti car which had caused the accident. The learned trial Court, however, convicted the petitioner on the basis of the statement of owner of the car to the effect that on the date of accident his car was in possession of the petitioner.