DHARAMVIR SINGH Vs. STATE

JUDGEMENT

(1.) THE present criminal revision petition under Section 397 to 401 Cr.PC has been filed by the petitioner against the order dated 10th August, 2007 passed by Dr. Lau, Addl. Sessions Judge, Delhi vide which she has dismissed the appeal of the petitioner upholding the judgment dated 2.7.2007 and the order of sentence dated 10th July, 2007 passed by the court of Shri Devender Kumar Jangala, Metropolitan Magistrate, Delhi. The present case was registered on the statement of one Balwan Singh, driver of Maruti car No. DL -2C -B -8638. As per his statement, on 22nd October, 1993, he was driving this car and was coming from Jind (Haryana) along with one Shri Prem Chand, his wife Vidya Devi, his daughter Ms. Poonam Devi and son Mukul Kumar, and were going to Pashchim Vihar via Rohtak Road, Delhi. At 11:30 am, when they reached near village Mundka, Delhi, a bus No. DL -1P -3182, came from Nangloi side at very fast speed and the bus driver in a rash and negligent manner, without blowing any horn and without giving any signal, all of a sudden, took a turn towards village Rani Khera and hit the car, with the result that their car got turtled and all the passengers of the car sustained injuries. The bus driver after stopping the bus ran away. All the injured were removed to the hospital, where in the hospital, Ms. Poonam Devi expired.

(2.) NOTICE under Section 133 of the Motor Vehicles Act was served upon the owner of the bus who in its reply stated that the petitioner was driving the bus in question and produced the petitioner before the police along with driving licence of the petitioner. The petitioner was arrested and investigation was completed.

(3.) THE petitioner filed appeal in the Court of Session and vide impugned judgment dated 10th August, 2007. the appeal was dismissed and the judgment and order on sentenced passed by learned Magistrate was upheld.