NANAK CHAND Vs. THE STATE

JUDGEMENT

(1.) NANAK Chand was convicted by the learned Trial court in connection with FIR No. 84/1995 for the offences under Sections 279/304 -A of the IPC and was sentenced to undergo RI for 6 months for the offence under Section 279 IPC and RI for 1 1/2 years for offence under Section 304 -A IPC. Both the sentences were directed to run concurrently vide judgment and order dated 11.03.2005.

(2.) NANAK Chand preferred an appeal against the aforesaid judgment and order of conviction and sentence before the Court of the learned District Judge, New Delhi, in Criminal Appeal No. 42/2005. The Appellate Court, while maintaining the conviction under both the counts, modified the sentence imposed for the offence under Section 304 -A IPC to 1 year from 1 1/2 years. The sentence imposed for offence under section 279 of the IPC was not interfered with.

(3.) AN accident had taken place on 24.02.1995 wherein one Uma Shankar was hit by a half truck bearing registration no.HR -26 -4302 which was being driven by the petitioner. It is the case of the prosecution that while Uma Shankar along with his cousin Neeraj Kumar (PW.4) was coming from Okhala, Uma Shankar was hit near red light by the offending vehicle which was being driven in a rash and negligent manner by the petitioner.