SUBHASH Vs. STATE

JUDGEMENT

(1.) BY this petition, the Petitioner lays a challenge to the judgment dated 2nd June, 2008 passed by the learned Additional Sessions Judge upholding the conviction of the Petitioner for offences punishable under Sections 279/337/304A IPC and modifying the quantum of sentence awarded to the Petitioner for offence under Section 304A IPC from one year Simple Imprisonment to a period of Simple Imprisonment for six months.

(2.) BRIEFLY the prosecution case is that on 12th December, 1993 at about 3:15 p.m. at Bijwasan Road, near MCD Primary School, Village Chhawla, Delhi the Petitioner while driving the truck bearing No. DIG-6502 in a rash and negligent manner so as to endanger human life and personal safety of others hit his truck against a motorcycle and thereby caused death of its rider Ajit Singh and injuries to pillion rider Satpal. On the statement of Satpal, FIR No. 409/1993 was registered under Section 279/304A/337 IPC. After completion of investigation, charge sheet was filed. Learned Metropolitan Magistrate after recording the statements of the prosecution witnesses and Petitioner, 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 2nd June, 2008 allowed the appeal partially and modified the sentence as mentioned above.

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