RAJ KUMAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This revision petition has been filed by the petitioner being aggrieved by the order dated 22.05.2006 passed by the additional Sessions Judge whereby he confirmed the conviction and sentence awarded by the learned CMM under Sections 279 and 304-A IPC. The learned CMM sentenced the petitioner to undergo rigorous imprisonment for six months. Insofar as the offence under Section 304A IPC was concerned, the learned CMM sentenced the petitioner to rigorous imprisonment for two years and also imposed a fine of Rs 5000. In default of the payment of fine, the petitioner was required to undergo simple imprisonment for three months. Both the sentences of imprisonment were directed to run concurrently. In appeal, the learned additional Sessions Judge upheld the conviction as well as the sentence. Being aggrieved by the said judgment dated 22.05.2006 the petitioner has filed this revision petition.

(2.) The prosecution case is that on 30.9.93, at around 10:45 pm, the petitioner was driving a blue line bus in a rash and negligent manner and was coming from Pahargunj. It is put forward by the petitioner, that at the intersection, a three-wheeler (Taxi Scooter Rickshaw) (TSR) which was coming from the opposite direction suddenly took a U-turn. The petitioner in order to avoid the hitting the TSR, swerved the bus to the left and momentarily lost control of the bus, thereby injuring one person (Joginder) and causing the death of two persons (Kitab Singh and Tavinder Nath) who were standing at the bus stand.

(3.) There are two alleged eyewitnesses to the incident namely Joginder and Jagdish Lal (PW4). The prosecution did not produce Joginder and therefore his testimony is not on record. It is also important to mention that the prosecution also did not examine the investigation officer. The case of the prosecution is based completely on the testimony of Jagdish Lal (PW4), who is the brother of the deceased Tavinder Nath.