YATENDER KUMAR Vs. THE STATE NCT OF DELHI

JUDGEMENT

(1.) Aggrieved by the order on conviction dated 10.08.2005 and the order on sentence dated 24.08.2005 passed by the learned Metropolitan Magistrate, awarding the sentence to the petitioner to undergo rigorous imprisonment for two years and fine of Rs.5,000/- under Section 304-A IPC, in default of payment of fine to further undergo RI for four months; rigorous imprisonment for a period of six months and a fine of Rs.1,000/- under section 279 IPC, in default to undergo RI for one month and upholding the same by the learned Additional Sessions Judge vide judgment dated 15.05.2006, the present revision petition has been filed by the petitioner.

(2.) Factual matrix, as emerges from the record, is that on 4.1.2000, at about 1:15 pm, at bus stop Ganesh Nagar, near Mother Dairy, the petitioner, who was driving Bus No.DL 1PA 2713 in a rash and negligent manner, struck the same against a DTC bus, causing death of one Nikhil. 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 279/304A IPC was given to the petitioner, to which he pleaded not guilty and claimed trial.