MEHNGA SINGH 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. 79/2001 on 28.11.2011 in Criminal Appeal No. 129/2011 whereby the Ld. ASJ confirmed the order of Metropolitan Magistrate, sentencing the petitioner to undergo rigorous imprisonment for a period of one year and fine of Rs.1500/- under Section 304 A IPC and Rs. 500/- each for offences under Section 279 IPC and Section 337 IPC.

(2.) The facts of the case in brief are that on 29.01.2001 the petitioner was driving a bus bearing registration no.DL-1PA-1041 on Anandmai Marg, Govind Puri in a rash and negligent manner and hit a scooter driven by one Raju thereby causing his death. A girl named Aakhi was travelling as a pillion rider on the scooter with the deceased. She also received injuries as a result of the accident. This incident was witnessed by Charan Singh (PW- 5), who gave the information to the police. On the basis of his statement, the FIR was registered. The Investigating Officer reached at the spot of the accident and found the dead body of the deceased lying there with the head bleeding profusely.

(3.) After completion of investigation, the charge sheet was filed by the police and 13 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.