MANISH KUMAR Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) The petitioner, by the present petition under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 Hereinafter referred as "Cr.P.C." seeks to assail the judgment dtd. 3/12/2022 passed by the learned Additional Sessions Judge-07, South, Saket Courts, New Delhi Hereinafter referred as "learned ASJ" in Criminal Appeal no.384/2019 whereby the learned ASJ has dismissed his appeal and upheld the order of conviction dtd. 3/9/2019 and order of sentence dtd. 16/9/2019 passed by the learned Metropolitan Magistrate-06 (South), Saket Courts, New Delhi Hereinafter referred as "learned MM", however reduced the sentence to eighteen months from twenty four months under Sec. 304A of the IPC, arising out of FIR No.48/2012 dtd. 20/2/2012 registered under Sec. (s) 279/304A at P.S. Hauz Khas, Delhi, whereby the petitioner was convicted of offences under Sec. (s) 279 & 304A of the Indian Penal Code, 1860 Hereinafter referred as "IPC" and awarded sentence of two years Rigorous Imprisonment Hereinafter referred as "RI" under Sec. 304A IPC and six months of Simple Imprisonment Hereinafter referred as "SI" under Sec. 279 IPC, [both sentences to run concurrently], along with a fine of Rs.50,000.00 [Rupees Fifty Thousand Only] to be paid to the families of each of the two pedestrians, namely Sultan Singh and Raja @ Raghu Verma Hereinafter referred as "pedestrians"

(2.) As per facts, on the fateful day of 20/2/2012, at about 06:45 AM, vide DD No.9A P.S.: Hauz Khas, received information about an accident in front of Kamla Nehru College Bus Stand, August Kranti Road. Upon receipt of the said DD, SI Nihal Singh (PW-5) alongwith other police personal reached the spot and found that a Swift Dzire Car bearing no.DL-2C-AL-7285 Hereinafter referred as "Car", in default whereof, he would undergo one month of Simple Imprisonment. had met with an accident, resultingly causing injury to the two pedestrians. Thereafter, the above said police personnel received information vide DD No.10A that the AIIMS Trauma Centre, New Delhi had declared them dead on arrival.

(3.) The petitioner, who was employed as a cleaner by one Ms. Isha Shrivastava, the owner of the Car, while cleaning the Car on the fateful morning of 20/2/2012, was persuaded by five of his friends to take them for a joy ride in the Car for buying milk from the Mother Dairy booth. On their way back, whilst taking a left turn, the petitioner lost control of the Car and after hitting the two deceased pedestrians collided with the footpath.