NARENDER SINGH Vs. STATE

JUDGEMENT

(1.) This revision petition is under Sections 397/401 read with Section 482, Cr.P.C. against the order and judgment dated 22nd April, 2004 passed in Criminal Appeal No. 408/2002 passed by learned Sessions Judge, New Delhi in the case of FIR No. 297/95 under Sections 279/304-A of the Indian Penal Code (in short 'IPC').

(2.) The facts as they appear from the judgment of Ms. Mamta Sehgal, Additional Sessions Judge is that the bus bearing No. DL-1P-2979 on 15.8.1995 at around 9.00 p.m., plying on route No. 521 came at fast speed and took a sharp turn at Shivaji Stadium and hit the pedestrian on account of which he fell down and when the injured was brought to the hospital he was declared brought dead. The driver of the bus ran away from the spot fearing apprehension of assault by the members of the public. A notice under Section 133 of the Motor Vehicle Act was served upon the owner of the vehicle on which the name of the accused/petitioner Narender Singh was given by the owner. A post-mortem was done on the body of the deceased and after the completion of other formalities of investigation the challan was filed. The accused was charged under Sections 279/304A, IPC and was convicted by the learned Metropolitan Magistrate. He was sentenced to SI for 6 months and fine of Rs. 1,000/- under Section 279, IPC and SI for 1 years and fine of Rs. 4,000/- for the offence under Section 304A, IPC. The conviction and sentence were maintained in appeal before the Court of Sessions.

(3.) Before this Court it is contented on behalf of the learned Counsel for the petitioner that the doctor who conducted the post mortem examination has not been produced in Court and that the principal witness, namely, conductor of the bus has also not been produced and, therefore, the conviction cannot be sustained. This has led the Court to go through the evidence on record. Before the Metropolitan Magistrate, the prosecution produced six witnesses. PW-1 is the Constable who proves the recovery memo dated 17.8.1995 in respect of the seizure of the driving licence of the petitioner which is Exh. PW-1/A. PVV-2, Shri Baldev Singh, is the eye-witness to the accident. PW-3 is a clerk of the Lady Harding Hospital where the post-mortem was conducted. He proved the postmortem report by proving the signatures of Dr. J. Singh who conducted the post-mortem but had left the hospital and his whereabouts were not known to the hospital staff. PW-4 is the Sub-Inspector of Police Station Mandir Marg who reached the spot on receipt of the DD entry in respect of the accident on 15.8.1995 and recorded the statement of Baldev Singh, PW-2 who was available at the spot. He also made the investigation in the case but he was transferred before the challan could be filed. PW-5 is ASI Rameshwar Dass who recorded the FIR on the basis of a Rukka from SI Dalip Kumar, PW-4. PW-6 is the person who conducted the mechanical inspection of the bus No. DL-1P-2979 and prepared the report Exh. PW-6/A. PW-7 is SI Ashok Kumar who completed the investigation in the case.