HARI RAM Vs. STATE

JUDGEMENT

(1.) This revision petition under Section 397, 401 of the Cr.P.C. has been filed against the judgment dated 17.12.1979 passed by Mr. R.D.Aggarwal, Additional Sessions Judge, Delhi upholding the conviction , of the petitioner under Section 337, 338 of the I.P.C. and sentenced the petitioner to six months of R.I. under section 337- and' 338 of I.P.C. and a fine of Rs. 500.00 was imposed on him. It is further mentioned that in case the fine was realised, then Rs.450.00 will be paid in equal share to Master Sonu and Darshan Lal injured and legal heirs of deceased Krishan Chand.

(2.) Brief facts necessary to dispose of this petition are recaptulated as under:

(3.) On 15.11.1973, an accident took place between truck No. PUJ 6477 driven by the accused and Car. No. DHC 434 as a result of which Darshan lal, Master Sonu and Krishan Chand received injuries. Krishan Chand died on 20th November, 1973. Learned counsel appearing for the petitioner submitted that the conviction of the petitioner under Section 337 and 338 is not sustainable in view of the peculiar facts and circumstances of this case.