RAKESH SHARMA Vs. STATE

JUDGEMENT

(1.) THE present revision petition has been preferred by the petitioner under Section 401/397 Cr.P.C. impugning the order passed by the learned Addl. Sessions Judge, Delhi on 29.09.2011 whereby the appeal filed by him against his conviction and sentence awarded by the learned M.M. was dismissed.

(2.) IN brief the prosecution case is that on 18.04.1996 at about 9:15 a.m the petitioner was driving Bus No.UP 4D P 2853 in a rash and negligent manner so as to endanger human life and personal safety and while driving so, hit the Scooter bearing registration No.DL 2S B 2816 as a result of which Rehmat Khan driving the scooter and the pillion rider Mohd. Asif both suffered injuries. One passerby lady namely Tara also suffered injuries due to the impact. All the three injured Rehmat Khan, Mohd. Asif and Tara were removed to GTB Hospital by the PCR Van. Mohd. Asif succumbed to the injuries. On the basis of statement made by Rehmat Khan, case FIR No.206/1996 was registered at P.S. Seema Puri, Delhi and after completion of investigation, the petitioner was sent to face the trial.

(3.) BELIEVING the testimonies of PW-1 Rehmat Khan, the complainant/injured and eye witness and another public witness PW-7 Pappi Singh, the petitioner was convicted under Sections 279/337/304-A IPC and sentenced to undergo simple imprisonment for a period of three months under Section 279 IPC and simple imprisonment for one month for offence punishable under Section 337 IPC. The petitioner was also sentenced to undergo simple imprisonment for one year for offence punishable under Section 304-A IPC. The conviction and sentence awarded to the petitioner were affirmed by the Appellate Court.