BALWAN SINGH Vs. STATE

JUDGEMENT

(1.) BY the present petition the Petitioner seeks setting aside of the order dated 13th March, 2009 passed by the learned Additional Sessions Judge upholding the order of conviction of the Petitioner passed by the learned Metropolitan Magistrate under Sections 304A, 279 and 338 IPC. The learned Metropolitan Magistrate vide order dated 29th November, 2007 had sentenced the Petitioner to undergo Rigorous Imprisonment for a period of six months for offence punishable under Section 279 IPC and a fine of Rs. 1000/- and in default of payment of fine to undergo Simple Imprisonment for two months and Rigorous Imprisonment for two years and Rs. 5000/- fine under Section 304A IPC, in default of payment of fine to undergo Simple Imprisonment for six months. The Petitioner was further sentenced to undergo Rigorous Imprisonment for a period of two years and a fine of Rs.1000/- for offences punishable under Section 338 IPC, in default of fine to further undergo Simple Imprisonment for six months.

(2.) BRIEFLY the prosecution case is that on 10th July, 1997 at around 9:30 a.m. at Sector-3, Pappan Kalan, Main Road Delhi, the Petitioner was driving Truck bearing No. DL1CB 1034 in rash and negligent manner so as to endanger human life and personal safety of others and while doing so he struck against a motorcycle bearing No. RNA 1510, caused death of its pillion rider Hari Chand and grievous injuries on the person of its rider Pawan Kumar. FIR No. 724/1997 was registered against the Petitioner. The investigation was conducted and charge sheet was filed for offences punishable under Section 279/304A/338 IPC against the Petitioner. After recording the statement of the prosecution witnesses and the accused under Section 313 Cr.P.C. learned trial court convicted and sentenced the Petitioner as mentioned above. Aggrieved by the judgment of conviction and order on sentence, the Petitioner preferred an appeal. Learned Additional Sessions Judge vide order dated 13th March, 2009 dismissed the said appeal.

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