HAMID KHAN Vs. STATE OF DELHI

JUDGEMENT

(1.) The petitioner was charged for offences under sections 279, 338 and 304A of the Indian Penal Code (for short IPC) and section 89/112 of the Motor Vehicles Act in as much as on January 9,1976 at about 7.45 P.M. near Usmanpur he was driving Truck DLG8607 rashly and negligently and hit two cyclists; one Ram Charan who had suffered grievous injuries and other cyclist Kundi Lal, was over-run and had died of the injuries. The appellant had run away from the spot after abandoning the said truck.

(2.) Learned Trial Court vide judgment dated 23.8.1978 found him guilty for all these offences and sentenced him to pay a fine of Rs. 300/- and in default in payment of fine to simple imprisonment for 60 days under section 279 IPC; to rigorous imprisonment for four months and a fine of Rs. 700/- and in default three months rigorous imprisonment under section 338 IPC; to rigorous imprisonment for one year and a fine of Rs. 1500/- and in default further rigorous imprisonment for six months under section 304-A IPC and fine of Rs. 100/- and in default to undergo simple imprisonment for thirty days under section 89 of the Motor Vehicles Act.

(3.) The appellate court of learned Additional Sessions Judge vide judgment in appeal dated August 20, 1980, upheld the convictions and maintained the sentences.