MOHAN SHYAM Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This is a revision petition under Section 397 Cr.P.C. read with Section 401 Cr.P.C. assailing the judgment dated 04.04.2012 passed by Ld. ASJ whereby conviction of the petitioner under Section 279/304-A IPC vide judgment dated 04.07.2011 passed by the Ld. M.M. was upheld. Vide the impugned judgment, while maintaining the quantum of sentence imposed on the petitioner under Section 279 IPC, the period ordered to be undergone by the petitioner under Section 304-A IPC was reduced from 2 years R.I. to 1 year R.I. by the Ld. ASJ.

(2.) The present case was registered on the basis of information received telephonically at Madangir post of police station Ambedkar Nagar on 25.5.2001 regarding an accident having taken place between a truck and a motor cycle resulting in injuries to some person near red light signal at the Khanpur Crossing. This information was lodged vide DD No. 29 and Head Constable Mahabir Singh (I.O.) along with Constable Upender rushed to the place of the said accident. Upon reaching the place, HC Mahabir Singh (PW 6) found a truck bearing registration No. HR-55-A-0058 and a LML Adreno Motorcycle lying in accidental state. Admittedly, the public had caught hold of the driver of the truck and produced him before the IO.

(3.) The injured person namely R.S.Tanwar (herein after referred to as deceased) had already been removed to AIIMS Hospital and was admitted vide MLC No. 45232 of 2001, where he was declared brought dead. At that time, the IO found no eyewitness at the accidental spot. Accordingly a site plan was prepared and FIR was registered U/s 279/304-A IPC after seizing the motorcycle and the truck from the spot. The petitioner was arrested vide memo Ex. PW 6/B. It has been submitted that when the IO reached back from the hospital to the accident site, he found an eyewitness Dinesh Kumar (PW 12) and recorded his statement. According to PW-12, he was the colleague of the deceased and both of them were admittedly returning back to their respective houses on their separate motor cycles when the accident took place.