JAGDISH Vs. THE STATE

JUDGEMENT

(1.) By this petition filed under Section 401 of Cr. P.C. read with Section 482 of Cr. P.C. , the petitioner seeks to challenge the order of conviction dated 30.04.2016 passed by learned Additional Sessions Judge, Karkardooma Courts, Delhi whereby the Appeal filed by the petitioner against the order on sentence passed by learned ACMM has been dismissed.

(2.) Brief facts of the case of the prosecution are that the on 19.08.2000 at about 2.20 PM on main Road Kondli, Opposite Dinkar Public School, Delhi the accused while driving Truck bearing No. DL- 1GB-4477 in rash and negligent manner struck it against the motorcycle bearing No. DL-3SD-7400 due to which the pillion rider namely Anil fell down and sustained injuries which resulted into his death. Trial concluded in conviction of the petitioner for the offence punishable under Section 304A vide order dated 09.12.2014 and vide order on sentence dated 24.12.2014, passed by learned Additional Chief Metropolitan Magistrate, Karkardooma, Delhi, the petitioner was sentenced to undergo simple imprisonment for a period of one year with fine of Rs.1 lac and in default of payment of fine he was ordered to undergo simple imprisonment for a further period of three months.

(3.) Aggrieved by the conviction order as well as order on sentence passed by learned Additional Chief Metropolitan Magistrate, the petitioner preferred appeal bearing No. 04/2015 before the learned Additional Sessions Judge and vide order dated 30.04.2016, the sentence awarded to the petitioner was reduced to the period of six month with fine of Rs.50,000/-. The petitioner is not satisfied with that order and that's why he is before this Court preferring the instant revision petition against the order dated 30.04.2016.