PAPENDER KUMAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) By this petition filed under Sec. 397/401 of Cr. P.C. read with Sec. 482 of Cr. P.C., the petitioner seeks to challenge the order of conviction dated 24.12.2014 passed by learned Additional Sessions Judge 02 (West) whereby the Criminal Appeal No. 273/4/2014, filed by the petitioner has been dismissed. The petitioner also challenges the judgment and order on sentence dated 23.02.2013 and 25.02.2013 respectively, passed by learned Metropolitan Magistrate, West 01, Tis Hazari, Delhi, whereby the petitioner was sentenced to undergo simple imprisonment for a period of one month for the offence punishable under Sec. 279 of IPC and simple imprisonment for three months for the offence under Sec. 304A and fine of Rs. 300/ -.

(2.) Brief facts of the case of the prosecution are that the Accused Papender was driving a blue line bus bearing Registration No. DL 1P 5412 in a rash and negligent manner on 16.05.1998 at about 8.30 AM on T Point Club Road, Ring Road, Punjabi Bagh, New Delhi and had hit a scooter bearing Regn No. DIL 1237 and driver of the scooter Ranbir Sharma was taken to ESI Hospital where his statement was recorded and a case under Sec. 279/338 IPC was got registered. Vide DD No. 37B dated 16.05.1998 information was received regarding death of injured Ranbir Sharma and accordingly Sec. 304A was added. Postmortem of the dead body of Ranbir Sharma was conducted. Necessary documentation was effected. Offending vehicle as also the vehicle of deceased were taken into police possession. Accused was arrested and then released on bail. Statement of witnesses were recorded. After conclusion of investigation, charge sheet was prepared and filed in Court. Cognizance was taken of the offence by the Court on 29.09.1999. Accused was summoned, appearance proceedings were completed and a notice under Sec. 279/304A IPC was framed against the petitioner vide order dated 29.02.2000 by the learned Trial Court to which the petitioner pleaded not guilty and claimed trial.

(3.) Prosecution had examined 8 witnesses and statement of accused under Sec. 313 of Cr. P.C. was recorded and vide judgment dated 23.02.2013, the petitioner was convicted for the offence under Sec. 279/304A IPC and vide order on sentence dated 25.02.2014, the petitioner was sentenced as indicated above. Thereafter the petitioner had preferred an appeal before the learned Additional Sessions Judge, which was dismissed vide order dated 24.12.2014, and the petitioner was directed to surrender before the Trial Court for serving the sentence on 7th January 2015.