SUBHASH CHAND Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Instant revision petition is preferred by the petitioner under Section 397 Cr.P.C., 1973 read with Section 401 Cr.P.C , 1973for setting aside the impugned judgments dated 26.11.2016 passed by the learned Additional Sessions Judge-02,North, Rohini Courts, Delhi in criminal appeal No.57463/2016, conviction judgment dated 28.01.2016 passed by the learned Metropolitan Magistrate-04 (North), Rohini District Courts, Delhi and order on sentence dated 04.04.2016 passed by the learned Metropolitan Magistrate-03, Rohini District Courts, Delhi in FIR No.31/08 titled "State v. Subhash Chander".

(2.) Briefly facts stated are that on 16.01.2008, information regarding an accident was received by HC Satpal vide DD No.13-A. Thereafter, he alongwith HC Subhash reached the spot but nobody was found but later they came to know that the injured was already shifted to BRJM hospital by PCR van. Thereafter, they went to hospital where they collected the MLC of injured Sanjay (since deceased) and ME of another injured Arjun. On the MLC of Sanjay the concerned doctor had endorsed that the injured was brought dead. The other injured Arjun was fit for statement. The injured Arjun gave his statement narrating the incident and on the basis of his statement, FIR No.31/2008 was registered. After completion of investigation, charge-sheet was filed and the petitioner was charged for committing an offence punishable under Sections 279/337/304-A IPC. The prosecution examined 9 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 28.01.2016 convicted the petitioner for the offence committed under Sections 279/337/304-A IPC and vide separate order on sentence dated 04.04.2016 sentenced the petitioner to undergo simple imprisonment for a period of three months for offence under Section 337 IPC, one year simple imprisonment for the offence under Section 304-A IPC and three months simple imprisonment for the offence under Section 279 IPC, however, all the sentences shall run concurrently with benefit of Section 428 Cr.P.C., 1973 Besides the substantive punishment, in compliance of directions given by this Court in case titled as Satya Prakash v. State dated 11.10.2013, the learned Metropolitan Magistrate also awarded a compensation of Rs. 50,000/- (Rupees Fifty Thousand) in total, to the legal representative/heirs of the deceased Sanjay.