DALBIR SINGH Vs. STATE

JUDGEMENT

(1.) The instant revision petition is preferred by the petitioner under Sections 397/401 Cr.P.C. for setting aside the impugned judgment dated 28.04.2017 passed by the learned Additional Sessions Judge-02, South-East, Saket Courts, New Delhi in criminal appeal No.204266/2016, conviction judgment dated 26.11.2015 passed by the learned Metropolitan Magistrate-09, South-East District, Saket, New Delhi and order on sentence dated 09.02.2016 passed by the learned Metropolitan Magistrate-09, South-East District, Saket, New Delhi in FIR No.198/13 titled as "State v. Dalbir Singh".

(2.) Brief facts stated are that on 15.12.2013, information regarding an accident was received by SI Rakesh Kumar vide DD No.20-A. Thereafter, he alongwith Ct. Manoj reached the spot where they met the complainant, Mr. Vinod Gupta who got his statement recorded and on the basis of his statement, FIR No. 198/13 was registered. After completion of investigation, charge-sheet was filed and the petitioner was charged for committing an offence punishable under Sections 279/304-A IPC. The prosecution examined 7 witnesses in order to prove its case.

(3.) Thereafter, the learned Metropolitan Magistrate after appreciation of the evidence and after considering the contentions of the parties, vide judgment dated 26.11.2015 convicted the petitioner for the offence committed under Sections 279/304-A IPC and vide separate order on sentence dated 09.02.2016 sentenced the petitioner to undergo rigorous imprisonment for a period of six months for offence under Section 279 IPC and eight months rigorous imprisonment with fine of Rs. 1,000/- for the offence under Section 304-A IPC and in default of payment of fine, the petitioner shall undergo simple imprisonment for a further period of five days, however, the said sentences shall run concurrently.