VISHNU KUMAR Vs. STATE

JUDGEMENT

(1.) THIS revision petition has been filed against the judgment and order dated 11th November, 2009 passed by the learned Additional Sessions Judge whereby the conviction of the petitioner under Section 304-A IPC as well as the sentence awarded by the learned Metropolitan Magistrate vide his judgment dated 15th September, 2004 was upheld while his conviction under Section 279 IPC was set aside.

(2.) THE prosecution case may be noticed in brief at the outset. On 30.10.1997 at about 6.45 a.m. one Ram Narayan Yadav(PW-4) alongwith his relative Arun Yadav(the deceased) and PW-5 boarded a bus from Okhla which was plying on route no. 433 for going to to Jantar Mantar and was being driven by the petitioner in a rash and negligent manner. The deceased was to get down at East of Kailash where he was working at A-71 and when the bus reached East of Kailash at about 7.10.a.m. the deceased got the bus stopped for getting down at A-71 and as per the further prosecution case while he was getting down from the bus the petitioner-accused started the bus at a fast speed due to which the deceased fell down and came under the rear wheel of the bus and died at the spot itself. This was the complaint made by PW-4 to the police based on which FIR was registered and in due course the petitioner came to be charge-sheeted for the commission of offences punishable under sections 279/304-A IPC.

(3.) THE explanation coming from the petitioner accused in his statement under Section 313 Cr.P.C. was as: