PANKAJ YADAV Vs. STATE

JUDGEMENT

(1.) By way of the present Criminal Revision Petition filed under Section 397 read with section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), the petitioner assails the order dated 22.09.2017 whereby the Additional Sessions Judge, Special Judge, PC Act (CBI), Dwarka Courts affirmed the conviction order dated 12.08.2016 and order on sentence dated 03.11.2016 passed by the Additional Chief Metropolitan Magistrate, Dwarka Courts, Delhi whereby the petitioner was sentenced to undergo six months Rigorous Imprisonment for offence under section 304A IPC; three months Rigorous Imprisonment for offence under section 279 IPC and three months Rigorous Imprisonment for offence under section 337 IPC. The petitioner was also directed to pay a sum of Rs 1,00,000/- as compensation to family of deceased and Rs. 15,000/- each to injured persons.

(2.) Brief and relevant facts necessary for the disposal of the present petition are that on 10.11.20108, the complainant/Sumit along with his friends Amit and Mahender were going on a motorcycle bearing registration No. DL-4SBK-4999 to attend a marriage function; that when they reached at CRPF Quarters, one high speed Maruti Alto car bearing registration No. DL-8CR-5138 driven in a rash and negligent manner came from opposite side and collided with their motor cycle which led to unfortunate death of a young boy Amit on the next day whereas Sumit and Mahender received simple injuries; that an FIR in the instant case was registered and FIR No. 780/08 under Section 279/337 IPC was registered at Police Station-Dwarka.

(3.) Notice of accusation was framed against petitioner to which he pleaded not guilty and claimed trial. To bring home the guilt of the petitioner, the prosecution examined 17 witnesses, in all. Statement under Section 313 Cr.PC of the petitioner was recorded to which he reiterated his innocence and examined two witnesses in his defence.