SUBHASH CHAND Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 05.05.2001 and order on sentence dated 04.06.2001 passed by the learned Metropolitan Magistrate, awarding the sentence to the petitioner to undergo rigorous imprisonment for a period of one year and fine of Rs.3,000/- under Section 304A IPC, in default of payment of fine to further undergo rigorous imprisonment for a period of four months; sentence to undergo rigorous imprisonment for a period of three months and fine of Rs.1,000/- under Section 279 IPC, in default to further undergo rigorous imprisonment for a period of one month and upholding the same by the learned Additional Sessions Judge vide judgment dated 05.07.2002, the present revision petition has been filed by the petitioner.

(2.) Factual matrix, as emerges from the record, is that on the fateful day of 27.06.1994 at about 07.45 p.m., an accident had taken place at Rani Jhansi Road, Azad Market. The vehicle involved in the accident was a Bus bearing registration No.DL 1P 3704. In the accident, one Ram Saran died. The case of the prosecution was that at the time of accident, the petitioner was deputed as driver of the bus and was driving the bus rashly and negligently which resulted into accident which snatched a life. An FIR of the case was recorded. On completion of investigation, report under Section 173 Cr.P.C. was filed.

(3.) Notice under Section 251 Cr.P.C. was served upon the petitioner for commission of offence punishable under Section 304A and 279 IPC. The petitioner pleaded not guilty to the notice served.