ISHWAR SINGH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present revision petition is directed against the judgment and order of the learned Additional Sessions Judge passed on 27.04.2006 whereby the appeal preferred by the petitioner against the order of conviction under Section 279/304A IPC and sentence by the learned Metropolitan Magistrate dated 28.06.2001 has been dismissed. The learned Metropolitan Magistrate had convicted the petitioner under Section 279/304A IPC and by an order on sentence dated 18.07.2001 had sentenced the petitioner to undergo rigorous imprisonment for one year under Section 279 IPC with fine of Rs. 1000/- and for rigorous imprisonment of six months under Section 304A IPC with fine of Rs. 5000/-. The Appellate Court has maintained the conviction and sentence.

(2.) The case of the prosecution was that on 28.5.1991 at about 8.25 a.m. at Barakhamba Road, New Delhi the DTC bus No. DEP 9368 which was being driven by the present petitioner, was being driven in a rash and negligent manner and in so driving this bus hit another bus bearing registration No. DEP 9749 which was stationary and parked on the extreme left of the said road. It is the case for the prosecution that the impact of the collision between the two buses resulted in the death of one Vir Singh.

(3.) The petitioner has been convicted primarily on the testimony of PW3 Lakhpat Singh who was the conductor of the stationary bus (DEP 9749). The learned counsel for the petitioner has argued that this was clear case of acquittal. He submitted that the informant Sant Raj on whose statement the FIR was registered was not examined. He submitted that initially the case of the prosecution was that there were several persons who were injured but none of them have been produced as witnesses. He also submitted that PW3 did not see the incident. According to him PW3 has stated that after the impact when he came down from his bus he found one passenger had fallen down from the bus driven by the petitioner and had died as a result of injury. He submitted that the petitioner has been convicted on the sole testimony of PW3 who has not even seen the incident. In examination-in-chief the said witness has stated as under: "At about 8 a.m., a DTC bus Bus No. 9368 came from the ITO side and hit my bus from behind. The said bus was operating on route No. 390. Immediately after the impact I came down the bus and saw that one of the passenger of that bus had fallen down and sustained injuries" However, in cross- examination, PW3 stated as under: