PRAMOD KUMAR Vs. STATE

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 in FIR No. 34/2001 on 15.12.2011 in Criminal Appeal No. 14/2011 whereby the Ld. ASJ confirmed the order of Metropolitan Magistrate, sentencing the petitioner to undergo simple imprisonment for a period of nine months under Section 304 A IPC and to undergo simple imprisonment for a period of two months under Section 279 IPC.

(2.) The facts of the case in brief are that on 25.02.2011 the petitioner was driving bus bearing registration no.DL-1PA-8044 on route no. 212 allegedly in a rash and negligent manner and when the bus reached at Mall Road red light crossing, the petitioner hit a pedestrian namely Amardeep Singh, thereby causing his death. The petitioner was apprehended from the accident site by Constable Ajay Kumar on whose statement the FIR was registered. The victim was taken to Trauma Centre by the police where he was declared brought dead.

(3.) After completion of investigation, the charge sheet was filed by the police and 11 witnesses were examined by the prosecution to nail the petitioner s guilt and the petitioner was held guilty by the trial Court as well as the Appellate Court. Hence the present petition.