GAURAV DHAWAN Vs. STATE OF DELHI

JUDGEMENT

(1.) The petitioner has filed the present revision petition under Sections 397, 401 read with Section 482 Cr.P.C. for setting aside the respective judgments of Additional Sessions Judge dated 10.01.2003 and Metropolitan Magistrate dated 25.07.2002 and 09.08.2002 and also seeks acquittal. In terms of the judgment of the Metropolitan Magistrate, the accused was sentenced to undergo rigorous imprisonment for one year and to pay a fine in the sum of Rs.5000/-, in default simple imprisonment for three months under Section 304A IPC, to pay a fine in the sum of Rs.500/-, in default simple imprisonment for one month for the offence under section 337 IPC and a fine of Rs.1000/-, in default simple imprisonment for one month for the offence under section 279 IPC. The accused/appellant preferred an appeal against this judgment. However, the learned Additional Session Judge dismissed the appeal and upheld the conviction. The petitioner being aggrieved filed the present revision petition.

(2.) The facts explained by Satya Narain Yadav, the only eye witness in this case before the investigating officer Ram Lal, Sub Inspector, in his complaint PW-6/A are as follows. On 19.11.1996, Satya Narain Yadav, an employee of PNT Department was going on his two wheeler scooter bearing No. DLJ 8443. His elder brother Bichan Ram Yadav, the deceased was sitting on the pillion seat. They were proceeding to Sarojini Nagar from Yamuna Bazar. At about 9.00 PM, they crossed the Bhagwan Das Crossing and arrived at Tilak Marg Road. One car bearing NO.DL3C4298 came from his right hand side from the opposite side. It was going from India Gate to ITO. The car went out of control, rammed the divider, crossed it, went to the other side of the road, the car turned turtle and knocked the scooter. Consequently Satya Narain Yadav and his brother Bichan Ram Yadav came underneath the car. Crowd collected there and brought them out from underneath the car. It transpired that car driver was Gaurav Dhawan. Satya Narain Yadav and Bichan Ram Yadav were brought to the hospital by the people. Bichan Ram Yadav was declared to be dead. Satya Narain Yadav also received injuries. Ram Lal Yadav, Sub Inspector and Ajay Kumar, Head Constable visited the spot. They were informed that the injured had been taken to the hospital. He went to Ram Manohar Hospital and recorded the above statement of Satya Narain. SI Ram Lal prepared the site plan Ex. PW-8/B. The accused was arrested on 10th December, 1996. He was booked for offences under Sections 279, 337, 304A IPC.

(3.) The defence set up by the accused/ revisionist under Section 281 Cr.P.C. is this. He was going in the above said car along with Ms. Sakshi, DW-1, from Tilak Bridge to India Gate. When he crossed the red light near Supreme Court one scooter driven by the injured struck against the rear left side of his car which diverted his attention. Consequently he looked back in order to see as to how the above said impact had taken place. It came to light that one scooter on which two persons were sitting had fallen on the road after the above said impact. Since he was looking back, the right front wheel of his car struck against the middle pavement due to which his car turned turtle. The accused/revisionist and Ms. Sakshi DW-1 became unconscious. The public took them to Ram Manohar Lohia Hospital in unconscious condition. Subsequently they came to know that the pillion rider had succumbed to his injuries. He alleged that he has been falsely framed in this case.