NIRANJAN SINGH Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) This is a revision against the judgment dated 5-7-1993 of Additional Sessions Judge, New Delhi in Cr. Appeal No. 282/91 affirming the conviction of the petitioner under Sections 279/304-A I.P.C. of which he had been convicted by the Metropolitan Magistrate, New Delhi and sentenced in consequence to rigorous imprisonment for one year as well as a fine of Rs.1000.00, the sentence in default of payment of fine being rigorous imprisonment for three months.

(2.) In brief the prosecution case was to the effect that on 25-2-86 at about 8.30 a.m. the petitioner was driving bus No. DEP 6107 in a rash and negligent manner and while so driving, he tried to overtake a vehicle from wrong side and since he could not find any space for overtaking, he applied the brakes at full speed and because of the jerk, the deceased Badal Chandra Dass, who was travelling in the bus, fell down as a result whereof he was run over by the rear wheel of the bus. On hearing the alarm raised by passengers, the petitioner stopped the bus. The deceased Badal Chandra Dass, succumbed to the injuries on the spot. On these facts, the petitioner was charge-sheeted for the offences punishable under Sections 279/304-A, I.P.C.

(3.) The accused pleaded not guilty to the charges levelled against him. He has examined Sukhanlal (DW 1) and Surjit Singh (DW 2) in support of his defence that his act of driving the bus was not the proximate cause of the death of the deceased. Both the Trial Court as well as the appellate Court on consideration of the evidence came to the conclusion that it had been established that the accused was driving the bus in a rash and negligent manner and was responsible for the accident. On these fact the accused was convicted u/S. 279/304-A, I.P.C. and it is the correctness of that conviction which is being assailed in the present revision.