GAFFAR AHMED Vs. STATE

JUDGEMENT

(1.) GAFFAR Ahmed was convicted by the learned Trial Court in connection with FIR No. 180/2001 (P.S. Kashmere Gate) for the offences under Sections 279 and 304A of the IPC and was sentenced to undergo simple imprisonment for three months for the offence under Section 279 and simple imprisonment for one year for the offence under Section 304A IPC besides compensation of Rs. 50,000/ - to be paid equally to Affan Riaz and Sania Riaz, son and daughter of the deceased. The aforesaid judgment of conviction and sentence was passed on 06.08.2015/20.08.2015.

(2.) GAFFAR Ahmed preferred an appeal against the aforesaid judgment and order of conviction and sentence before the learned Additional Sessions Judge -03: (Central), Tis Hazari Courts, Delhi vide Criminal Appeal No. 4415/2015. The Appellate Court, while maintaining the conviction under both the counts, modified the sentence imposed for the offence under Section 304A IPC from one year to nine months. The sentence imposed for the offence under Section 279 of the IPC was not interfered with. However, the amount of compensation was enhanced from Rs. 50,000/ - to Rs. 1,00,000/ -, to be equally distributed between the son and the daughter of the deceased.

(3.) THE petitioner is alleged to have driven a truck bearing registration No.HR -01 -GB -0318 in such a rash and negligent manner on 30.04.2001 at around 12.10 p.m that it against a two wheeler leading to the death of the pillion rider.