S P SHARMA Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) THE petitioner has moved this court under Section 397 read with Section 401 Cr.P.C. He is aggrieved by an order passed by the Ld. ASJ on 2.04.2005 in Criminal Appeal No. 17/2005. Vide this order the Ld. ASJ confirmed the order of Metropolitan Magistrate, sentencing the petitioner to undergo rigorous imprisonment for a period of three months with a fine of Rs. 500/- under Section 279 IPC and rigorous imprisonment for a period of one year with a fine of Rs. 3000/- under Section 304 ?A IPC.

(2.) THE facts of the case in brief are that on 5.11.98 the petitioner was driving bus bearing registration no.DL-1PA-1767 from Uttam Nagar and when the bus reached at main Raja Garden chowk, the petitioner hit a cyclist, as a result of which, the cyclist got injured and was taken to DDU Hospital in a serious condition and subsequently succumbed to his injuries.

(3.) I have heard learned counsel for the petitioner and the State.