BHAGWANDAS Vs. STATE

JUDGEMENT

(1.) This Criminal Revision challenges the correctness of the judgment dated 4th May, 1998 of learned Additional Sessions Judge confirming the judgment of conviction dated 15.3.1996 of the learned Metropolitan Magistrate convicting him under Sections 279 and 304A Indian Penal Code, but reducing the sentence of imprisonment from RI of one year to six months and maintaining the sentence of fine.

(2.) The petitioner was charged under Section 279 and 304A Indian Penal Code that he was driving truck No. DEG-239 on 18.6.1989 at about 5.35 p.m. near A-26, Rohit Kunj, Saraswati Vihar, Delhi in a rash or negligent manner he had struck against a cyclist causing his death.

(3.) The prosecution had inter alia examined two witnesses Public Witness -3 Khacheru and Public Witness -4 Shri Jai Prakash who had deposed as eye witnesses who supported the prosecution case. The learned Trial Court believed them, found the petitioner guilty and convicted him. The finding of the trial court has been upheld in appeal.