RAJAN SINGH @ BOBBY Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Rajan Singh @ Bobby, assails the judgment and order of conviction dated 08.11.2012/04.12.2012 passed by the learned Metropolitan Magistrate-02/West: Delhi in connection with FIR No.365/03 (P.S.Hari Nagar) whereby he has been convicted under Sections 279/338 and 304A of the IPC and has been sentenced to undergo simple imprisonment for two months, fine of Rs.1000/- and in default of payment of fine simple imprisonment for 10 days for the offence under Section 279; simple imprisonment for two months, fine of Rs.1000/- and in default of payment of fine simple imprisonment for 10 days for the offence under Section 338 of the IPC and simple imprisonment for one year, fine of Rs.3000/- and in default of payment of fine simple imprisonment for one month for the offence under Section 304A IPC, the sentences, however, having been ordered to run concurrently; as also against the order dated 16.5.2015 passed by the learned Additional Sessions Judge West-04, Tis Hazari Courts, Delhi passed in Crl.Appeal No.7/2/14 whereby the conviction and sentence imposed by the Trial Court has been upheld.

(2.) The petitioner, while driving a vehicle (Tata Sumo) bearing registration No.HR 38HT 1113 in a rash and negligent manner dashed two scooters, one of which was being driven by the deceased and the other by the complainant. Because of the impact of the collision, Ranjeet Singh expired and the complainant suffered grievous injuries. As a result thereof DD No.9A was lodged at police station Hari Nagar. The statement of the complainant was recorded at the Deen Dayal Upadhyay Hospital whereafter FIR No.365/2003 was instituted against the petitioner for the offences under Sections 279/338 and 304A with the Hari Nagar police station.

(3.) During trial, seven witnesses were examined on behalf of the prosecution.