TRILOK CHAND Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Instant revision petition is preferred by the petitioner under Sections 397/401 Cr.P.C. read with Section 482 Cr.P.C. for setting aside the impugned judgments dated 14.12.2016 passed by the learned Special Judge, CBI-03 (PC Act), Delhi in criminal appeal No. 15/2016, conviction judgment dated 03.12.2015 passed by the learned Metropolitan Magistrate (Central)-04, Tis Hazari Courts, Delhi and order on sentence dated 17.05.2016 passed by the learned Metropolitan Magistrate (Central)-04, Tis Hazari Courts, Delhi in FIR No. 210/01 titled "State v. Trilok Chand".

(2.) Briefly facts stated are that on 13.05.2001, information regarding an accident was received by SI Maninder vide DD No. 5-A. Thereafter, he alongwith Ct. Sukhbir reached the spot i.e. at Kalidas Marg, near DDA Flats, Gulabi Bagh, where one scooter bearing No. DL-8SE-9046 was found in accidental condition and there they met an eye witness one Ashok Aggarwal. The said eye witness gave his statement narrating the incident. On the basis of said statement, FIR No. 210/2001 was registered. After completion of investigation, charge-sheet was filed and the appellant was charged for committing an offence punishable under Sections 279/304-A IPC. The prosecution examined 12 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 petitioner, vide judgment dated 03.12.2015 convicted the petitioner for the offence committed under Sections 279/304-A IPC and vide separate order on sentence dated 17.05.2016 sentenced the petitioner to undergo simple imprisonment for a period of six months for offence under Section 279 I.P.C. and two years simple imprisonment for the offence under Section 304A I.P.C., however, both the sentences shall run concurrently.