SHRINIWAS Vs. STATE OF DELHI

JUDGEMENT

(1.) THE present revision petition challenges an order-dated 4. 11. 2006 passed by the ld. Additional sessions Judge (ASJ ). The order affirmed conviction and sentence for the offences committed under Sections 279, and 304a of Indian Penal code (IPC ).

(2.) THE brief facts necessary to decide this petition are that; on 11. 10. 1997 allegedly, information was received at Police station sultan Puri that an accident had taken place and a child lay dead at village Karala, on madan Pur road, opposite a water tank. The police rushed to the spot; they saw one stationery tempo-bearing no. DL-1l-A-4392. On its left side, under the front wheel the body of the child (hereafter referred to as the deceased) Manish Kumar s/o Shri. Bhagwan was found. The alleged accident was caused while the petitioner was driving in reverse gear. Smt. Nirmala devi, the mother of the deceased (hereafter "the complainant") was present at the spot.

(3.) THE SI recorded the statement of the complainant and the father of the deceased. A case was registered, the Petitioner was arrested and the vehicle was seized. The petitioner was charged with committing offences under section 279, 304a of the indian penal code (IPC ).