SUMAIR KHAN Vs. STATE

JUDGEMENT

(1.) BY the present petition the Petitioner seeks setting aside of the order dated 23rd September, 2008 passed by the learned Additional Sessions Judge upholding the order of conviction of the Petitioner passed by the learned Metropolitan Magistrate convicting the Petitioner for offences punishable under Sections 304A and 279 IPC. The learned Metropolitan Magistrate vide order dated 4th February, 2008 had sentenced the Petitioner to undergo Simple Imprisonment for 6 months under Section 279 IPC and Rigorous Imprisonment for 1 year and 3 months and a fine of Rs.10,000/- under Section 304A IPC, in default of payment of fine to undergo Rigorous Imprisonment for six months.

(2.) BRIEFLY the prosecution case is that on 11st September, 1998 at about 09:30 p.m. near Bharat Petroleum Pump, Mathura Road, Badarpur the Petitioner while driving the truck bearing No. HR-29-C-3949 in a rash and negligent manner so as to endanger human life and personal safety of others hit his truck against scooter bearing No. HR-30 A-8065 from behind and thereby caused death of pillion rider Babita. On the statement of the husband of deceased FIR No. 635/1998 was registered under Section 279/304A IPC. After completion of investigation, charge sheet was filed. Learned Metropolitan Magistrate after recording the prosecution evidence and statement of the accused, convicted the Petitioner and sentenced him as mentioned above. Aggrieved by the judgment and order on sentence, the Petitioner preferred an appeal. The learned Additional Sessions Judge vide judgment dated 23rd September, 2008 dismissed the appeal and upheld the judgment passed by the learned Metropolitan Magistrate.

(3.) I have heard the learned Counsels for parties and perused the record.