RANDHIR SINGH Vs. STATE

JUDGEMENT

(1.) Petitioner was convicted by the learned Metropolitan Magistrate (M.M.) for offences under Sections 279 and 304-A, Indian Penal Code and was sentenced to RI of two years and a fine of Rs. 2,000.00 under Section 304-A, Indian Penal Code and SI of six months and a fine of Rs. 500.00 under Section 279, Indian Penal Code with default clause vide judgment and order dated 25.3.1998 and 27.4.1998. His conviction and sentence have been upheld by the Appellate Court of learned Addl. Session Judge.

(2.) . By this revision petition under Section 397, Criminal Procedure Code the petitioner challenges the legality and propriety of his conviction and sentence. Learned Counsel for the petitioner has contended that the finding of conviction is based on misreading of evidence, the conclusions drawn are not reasonable and proper. The finding about the identity of the petitioner as the driver of the offending vehicle is unreasonable and not justified; the circumstance not put to the accused has been taken into consideration and also that on the material on record finding of guilt is also not justified. It is further contended that the Appellate Court has shown bias and prejudice and has made sweeping allegations about the drivers involved in motor accidents and has not considered the material properly and with judicious mind.

(3.) . First point is whether the petitioner was the driver of the offending vehicle. It is not disputed that the vehicle involved in the incident is DEP-6989; place and time of occurrence about 7.40 a. m. on 28.10.92on the Link Road from Lucknow Road to Timarpur Road. The victim is a child aged about six years who was going to his school.