AZIM KHAN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THE present revision petition has been preferred under Section 401/397 Cr.P.C. assailing the impugned order passed by the learned ASJ on 10.04.2012 whereby the appeal filed by the petitioner under Section 374(3) Cr.P.C. against the judgment dated 02.11.2011 convicting the petitioner under Section 279, 337 and 304A IPC and order on sentence dated 08.11.2011, was dismissed.

(2.) THE case of the prosecution in brief was that on 06.10.2000 at about 4.00 P.M. the petitioner was driving a bus bearing registration No.DL1P 8226 on the Aurobindo Marg near the AIIMS Chowk Crossing. At the relevant time, a two-wheeler scooter bearing registration No.DAI 8333 was driven on the same road by one Raj Kumar Puri with his wife, Smt. Kanta Puri travelling with him as pillion rider. It was alleged that the petitioner was driving the bus in a rash and negligent manner and after jumping the redlight signal, he hit against the scooter moving ahead the bus which resulted in causing death of Smt. Kanta Puri and grievous injuries to Sh. Raj Kumar. At that time, Constable Suraj Bhan (PW-5) and Constable Rajinder (PW-9) were on duty at the AIIMS Chowk. It was the case of the prosecution that after hitting the scooter, the bus dragged it for a distance of 15 yards before stopping. THE petitioner was apprehended at the spot by Constable Suraj Bhan who made a statement before the Investigating Officer (PW-10) regarding the factum of the accident. Accordingly, a site plan was prepared by the Investigating Officer and offending bus and scooter were seized. THE autopsy report of Smt. Kanta Puri revealed that her death had occurred due to injuries suffered on the head caused by blunt force which was possible in a road traffic accident. THE prosecution examined 17 witnesses to prove the guilt of the petitioner and consequently the petitioner was convicted to undergo SI for a period of 6 months along with fine of Rs.1,000/- under Section 279 IPC and further to undergo SI for a period of 6 months and fine of Rs.500/- under Section 337 IPC and further was sentenced to undergo SI for a period of one year and fine of Rs.2,000/- under Section 304A IPC. THE order of the learned MM was upheld by the Appellate Court. Hence the present petition.

(3.) I have heard the rival submissions and perused the impugned judgments.