ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal calls into question the judgment of conviction and order on sentence passed by the learned trial court whereby the Appellant has been convicted for the offences under Sections 302/307/427 IPC and sentenced to undergo RI for 7 years and a fine of Rs. 1,000/-, in default of which, to undergo SI for 15 days for the offence under Section 307, RI for one year for the offence under Section 427 IPC and life imprisonment for the offence under Section 302 IPC.

(2.) The factual matrix which led the trial court to convict the Appellant (who has since been declared a proclaimed offender) and to sentence him as aforesaid is that on the night intervening 1st and 2nd January, 1995 at about 4.00 a.m., the Appellant who was driving bus No.DEP 7007, drove over the jhuggi of PW2 Makhan Lal causing grievous injuries to Makhan Lal, his wife PW3 Kishan Devi and his son Jaipal, who were sleeping in the said jhuggi and also the adjoining jhuggi where PW1 Sheela, daughter of Makhan Lal was sleeping with her husband PW4 Ram Kewal. After ramming into the jhuggis, the said bus collided with the wall adjoining the jhuggis. The Appellant was overpowered at the spot. The police vehicle removed the injured to AIIMS where the doctor declared Jaipal as brought dead.

(3.) The criminal law machinery was set into motion at 4.10 a.m. when Head Constable Azad Mohammad No.1083/PCR at police post Govind Puri, New Delhi was informed through wireless that one bus had rammed into a jhuggi near Giri Nagar, bus stand of 425, and police may be sent at the spot where bus No.DEP 7007 was standing. On receipt of this information, DD No.24 was entered in the roznamcha and copy of the DD No.24 (Ex.PW8/A) was handed over to Assistant Sub-Inspector Vir Singh (PW8) for taking appropriate action. PW8 along with Constable Shyamvir thereupon went to the place of occurrence at Giri Nagar where he noticed a bus had run over the jhuggis near the boundary wall of the school. The driver was in the vehicle. On coming to know that the injured persons had already been shifted to AIIMS hospital, PW8, Assistant Sub-Inspector Vir