PAL Vs. STATE

JUDGEMENT

(1.) On June 10, 1976, at about 5.30 p.m., the petitioner, Nand Lal, was driving a D.T.C. bus, bearing registration number DHP 2367. A two-wheeler scooter, No. DLS 8292, was going ahead of the bus. On reaching Safdarjung Crossing, the scooter as well as the bus took a turn towards their left. After covering a distance of five or cven yards from the crossing the bus hit the scooter from behind. The driver as well as the pillion rider of the scooter fell on the road and were crushed under the front left wheel of the bus. One of them died on the spot and the other died in the Safdarjung Hospital the same night. The occurrence took place due to rash and negligent driving of the petitioner.

(2.) The petitioner was tried for offences under Sections 279 and 304 of the Indian Penal Code and convicted by the learned Metropolitan Magistrate, New Delhi, vide order dated January 14, 1981. He was awarded rigorous imprisonment for three months and a fine of Rs. 500/. and in default to suffer further rigorous imprisonment for one month for the offence under Section 279 and rigorous imprisonment for eighteen months and a fine of Rs. 4,000.00 and in default to suffer rigorous imprisonment for further six months for the second offence i.e. under Section 304-A of the Indian Penal Code. Both the sentences were to run concurrently. The petitioner filed an appeal which was dismissed by the learned Additional District Judge, New Delhi, on December 16,1982.

(3.) Feeling aggrieved, the petitioner has filed the present revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure. It was admitted on January 5, 1983 only on the question of sentence.