YAQUB ALI Vs. STATE

JUDGEMENT

(1.) By this revision petition, the petitioner is challenging the judgment dated 30.01.2012 passed by the learned Addl. Sessions Judge whereby the conviction of the petitioner under Section 279/304A IPC awarded to him by the learned M.M vide judgment dated 19.10.2010 and order on sentence dated 20.10.2010, was affirmed.

(2.) Briefly, as set up, the prosecution case is that on 22.03.2003, an information was received at 7:12 p.m vide DD No.26A at P.S. I.P. Estate about an accident. Copy of DD was handed over to ASI Ramanand, who along with Ct. Kamal visited the spot. On the basis of statement (Ex.PW- 8/A) made by HC Govind (Ct. at that time), case FIR No.83/2003 was registered against the petitioner for committing the offence punishable under Section 279/304A IPC. On completion of investigation, chargesheet was filed. During course of trial, prosecution examined 10 witnesses to bring home the guilt of the petitioner. After examining the petitioner (who was an accused in the case) under Section 313 Cr.P.C ., opportunity was also given to him to lead defence evidence and he produced one Lalit Kumar in his defence. After considering the testimonies of the prosecution witnesses and the defence witness examined by the accused, the petitioner/accused was found guilty for causing death of Mewa Ram due to rash and negligent driving of Bus bearing registration No. DL 1P A 8693 and he was sentenced to undergo SI for two months for the offence punishable under Section 279 IPC and SI for one year for the offence punishable under Section 304A IPC and also to pay compensation of Rs.5,000/- to LRs of the deceased and in default of payment of compensation, SI for further three months. Both the sentences were ordered to be run concurrently.

(3.) Aggrieved by the order dated 30.01.2012 passed by the learned Addl. Sessions Judge vide which the appeal preferred against the judgment of the learned M.M was dismissed, this revision petition has been filed praying for setting aside the order dated 30.01.2012 passed by the learned ASJ and acquittal of the petitioner for the offence complained of.