RAJESH SINGH Vs. STATE

JUDGEMENT

(1.) Petitioner impugns judgment dated 31.10.2017 whereby the appellate court has dismissed the appeal of the petitioner impugning order on conviction dated 12.03.2015 and order on sentence dated 07.04.2015.

(2.) The petitioner has been convicted of the offences punishable under Sections 279/304A of the Indian Penal Code, 1860, Police Station Defence Colony. Petitioner has been sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1,000/- for the offence under Section 279 and to undergo RI for a period of 1 years for the offence under Section 304-A IPC and he has been further sentenced to undergo RI for a period of six months with a fine of Rs. 1,000/- for the offence under Section 185 of the Motor Vehicles Act.

(3.) Learned counsel for the petitioner submits that the trial court as well as the appellate court have not appreciated the evidence correctly. He submits that the Courts have erred in not appreciating the evidence and this was a case of sheer accident and the petitioner was not driving the truck at fast speed. He submits that prosecution has failed to prove the speed of the vehicle and merely on the statement of the alleged eye-witness convicted the petitioner.