RAS BIHARI SINGH Vs. STATE

JUDGEMENT

(1.) The present Criminal Revision Petition has been filed under Section 397 read with Section 482 Cr.PC assailing the order dated 22.11.2016 passed by the Additional Sessions Judge-03, Patiala House Courts, New Delhi in Criminal Appeal No. 8706/2016 titled as ,,Ras Bihari Singh Vs. State" whereby the conviction order dated 25.05.2016 and order on sentence dated 30.06.2016 passed by the Metropolitan Magistrate-3, Patiala House Court, New Delhi, was upheld.

(2.) The case of the prosecution in nutshell is that on 27.09.2010, the accused was driving a vehicle i.e. Innova Car bearing registration No. DL-4-CAE-4071 in a rash and negligent manner, hit Parul, an infant girl aged about 9 months who later died. An FIR has been registered in the instant case on the complaint of mother of the deceased girl.

(3.) On completion of the trial, the Trial Court (Metropolitan Magistrate) held the petitioner guilty for the offence punishable under Section 279/304A IPC and sentenced him to undergo rigorous imprisonment for three months with fine of Rs.1,000/- for the offence punishable under Section 279 IPC fine and rigorous imprisonment for one year and fine of Rs.10,000/- for the offence punishable under Section 304A IPC. Fine amount has been deposited by the petitioner. The petitioner preferred an appeal before the Court of Session against the aforesaid order and the Court of Session vide its order dated 22.11.2016 modified the sentence to the extent that appellant shall undergo four months rigorous imprisonment for the offence punishable under Section 279/304A IPC collectively subject to appellant shall pay Rs.50,000/- to the mother of deceased child as compensation failing which he shall undergo one year simple imprisonment.