MANVENDER SINGH Vs. STATE

JUDGEMENT

(1.) Manvender Singh, the revisionist/petitioner was convicted under sections 279/304A of the IPC and sections 119/177 of the Motor Vehicles Act by the learned Metropolitan Magistrate, Karkardooma Courts, Delhi vide judgment and order dated 30.07.2008 and 12.08.2008 respectively in connection with FIR No.274/2000 and was sentenced to undergo SI for 9 months, to pay a fine of Rs. 500/- and in default of payment of fine, to further suffer SI for 2 months for the offence under section 304A of the IPC and SI for three months, to pay a fine of Rs. 250/- and in default of payment of fine, to further suffer SI for one month for the offence under section 279 IPC. He was fined Rs. 100/- for the offence under sections 119/177 of the Motor Vehicles Act.

(2.) The petitioner unsuccessfully challenged the aforesaid judgment and order of conviction and sentence vide Criminal Appeal No.87/2008, which too was dismissed vide order dated 05.02.2009.

(3.) One Ct. Sukhbir Singh, PW.7 was on duty at red light of Nanaksir Gurdwara, Wazirabad Road from 08:00 a.m. to 09:00 p.m. on 20.09.2000. The red light signal, at that point, was out of order and therefore Ct. Sukhbir Singh, PW.7 was managing the traffic by hand. At about 09:00 a.m., one old lady came from the side of Sonia Vihar and started crossing the road towards Nanaksir Gurdwara. At that point of time, the offending vehicle which was being driven by the petitioner came from the side of Bhajanpura and the old lady came under the right side rear wheel of the vehicle. The vehicle was stopped at a distance of 50m from the red light. Ct. Sukhbir Singh had stopped the vehicle coming from the Wazirabad side. Ct. Ramesh Chand, PW.4 also came at the place of the occurrence on intimation having been given to him from the control room. Thereafter SI Ved Raj Singh, PW.10 who is IO of the case, also arrived.