ASHOK KUMAR DOGRA Vs. STATE

JUDGEMENT

(1.) THE petitioner has moved this Court under Section 397 read with Section 401 of the Code of Criminal Procedure. He is aggrieved of an order passed by the Learned additional Sessions Judge, on 1. 2. 2008, in c. A. No. 29/2007. By that order the Ld. ASJ confirmed the order of the Metropolitan magistrate, sentencing the petitioner to undergo rigorous imprisonment for three months under Section 279 IPC, with a fine of rs. 500/-; and rigorous imprisonment for one year with fine of Rs. 5,000/- under Section 304-A IPC. The facts in a nut-shell are as follows:

(2.) ON 26. 6. 1995, while driving a red line bus bearing registration No. DL-1p-2315 at peera Garhi Chowk, Delhi, the petitioner hit a scooter bearing No. DL-1s-1132. The scooter rider, who was injured succumbed to his injuries later on. PW-8, Ct. Randhir kumar was an eye witness to the accident. Before the Metropolitan Magistrate, Ct. Randhir kumar deposed that the accident was a result of rash and negligent driving of the petitioner. Considering the entire evidence produced by the prosecution the petitioner was convicted by the Metropolitan Magistrate. The appeal preferred by the petitioner was also dismissed by the Sessions Court, holding that there is no infirmity in the order passed by the Trial court.

(3.) ON 28th March, 2008, counsel for the petitioner confined his plea in this matter to the reduction of sentence and/or the benefit of Sections 3 and 4 of the Probation of offenders Act, 1958.