SATYA PRAKASH Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This revision proceeding impugns the judgment and order of the Additional Sessions Judge, whereby the conviction and sentence imposed by the Metropolitan Magistrate, against the petitioner here, was upheld.

(2.) The petitioner, driver of a "Blueline" bus, was charged with rashly and negligently causing the death of one Uma Devi on 16.9.2004. She was alighting from the bus, when, suddenly the petitioner accelerated the bus; as a result, she fell down from the vehicle. The passenger was run over by the rear wheel of the bus; after she was removed to the hospital, she succumbed to the injuries. The Courts below convicted the petitioner under Sections 279/304A, IPC, and sentenced him to undergo simple imprisonment for six months for the offence under Section 279, with fine of Rs. 1000/- and simple imprisonment for one year, for the offence under Section 304A, and fine of Rs. 3000/-.

(3.) The prosecution examined nine witnesses, of whom two, namely PW-4 and PW-5 were eyewitnesses. Both were cross- examined. They testified to the incident, whereby the bus accelerated, even while the deceased, was getting down from the bus, leading to her fall, and her being crushed under the vehicle. PW-4 was a co-passenger, and PW-5 was an eyewitness. Learned Counsel submitted that the deposition of the said two witnesses do not establish that the petitioner drove in a rash or negligent manner; rather it suggests, at the highest that the deceased did not take care while getting down. It was also urged that the driver, in any case, could not see who was alighting or getting into the bus, as it was the duty of the conductor to notify when the vehicle had to leave.