RAJENDER SINGH Vs. STATE GOVT NCT OF DELHI

JUDGEMENT

(1.) BY the present petition the Petitioner seeks setting aside of the order dated 13th November, 2009 passed by the learned Additional Sessions Judge upholding the order of conviction of the Petitioner passed by the learned Metropolitan Magistrate on 29th August, 2009 under Sections 279/304A IPC and order on sentence dated 4th September, 2009 sentencing the Petitioner to undergo Simple Imprisonment for one year for offence punishable under Section 304A IPC and a fine of Rs. 1,000/- and for offence punishable under Section 279 IPC to undergo Simple Imprisonment for one month and a fine of Rs. 500/- in default of payment of fine to undergo simple Imprisonment for ten days and one week respectively.

(2.) BRIEFLY the prosecution case is that on 10th September, 1999 at about 4.15 p.m. at BSZ Marg, Near Pyare Lal Bhawan, the Petitioner was driving bus No. DL 1IP-3701 in a rash and negligent manner so as to endanger human life and safety of others and while doing so he caused death of one lady who was crossing the road. Accordingly FIR was registered under Sections 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 and sentenced him as mentioned above. Aggrieved by the judgment and order on sentence, the Petitioner preferred an appeal. The learned Additional Standing Judge vide order dated 13th September, 2009 dismissed the appeal and upheld the judgment and order on sentence passed by the learned Metropolitan Magistrate.

(3.) PER contra learned APP for the State submits that the impugned judgments suffer from no illegality. PW6 HC Babu Ram has fully supported the prosecution case and deposed that the offending vehicle was being driven by the Petitioner in a rash and negligent manner. The Petitioner in his statement under Section 313 Cr.P.C. has admitted that at the time of incident he was driving the offending vehicle and his defence is that the accident had not taken place from his bus. It is stated that PW9 SI Jaipal Singh has deposed that they tried to join the public persons but none agreed. The contradictions as pointed out by the learned counsel for the Petitioner are minor contradictions, which do not go to the root of the matter. Hence the revision petition is liable to be dismissed.