OM PRAKASH Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the judgment and order dated February 6,1996 passed by Shri V.K. Malhotra, Additional Sessions Judge, whereby he dismissed the appeal preferred by the present petitioner against the judgment and order dated February 5,1993 and February 6,1993 passed by Shri H.S. Sharma, Metropolitan Magistrate, who found the petitioner guilty under Sections 279/304A of the Indian Penal Code and sentenced the petitioner to undergo RI for one year and to pay a fine of Rs. 200.00 . In case of the failure of the petitioner to clear the fine he was further directed to undergo imprisonment for a month.

(2.) Brief facts which gave rise to the present petition are as under : that the petitioner herein was driving bus No. DEP 8019 on June 20,1984 at 9.20 a.m. at New Rohtak Road. The deceased Tilak Raj travelling in the said bus was standing near the front gate. The bus was being driven by the petitioner in a rash and negligent manner so as to endanger the human life. The deceased fell down from the said bus while the bus was negotiating a crossing near Kamal Restaurant. The said fall proved fatal as the deceased sustained injuries and died as a corollary whereof. The matter was reported to the police vide Ex. Public Witness Public Witness 1 /A. After completing the necessary formalities petitioner was challaned.

(3.) The learned Magistrate after appraisal of the documentary as well as oral evidence came to the conclusion that the petitioner was guilty under Sections 279 / 304A of the Indian Penal Code. The petitioner was thus sentenced to undergo Rl for one year under Section 304-A, Indian Penal Code with a fine of Rs. 200.00 . In case of failure of the petitioner to clear the fine he was further directed to undergo imprisonment for one month. No separate sentence was awarded under Section 279, Indian Penal Code though the petitioner was found guilty thereunder also.