BHAIRAV SINGH Vs. STATE

JUDGEMENT

(1.) BY way of this petition filed under Section 397 read with Sections 401 and 482 of the CrPC the revisionist seeks revision of the impugned order dated 2/11/2001 passed by the Ld. Addl. Sessions Judge, whereby the appeal of the present revisionist was dismissed and the judgment/order dated 27/2/2001 passed by Ld. Trial court convicting the petitioner for committing offence under Section 279/304 -A IPC and sentencing him to undergo 2 years R.I. & to pay fine of Rs. 5000/ - was upheld.

(2.) THE brief facts of the case relevant for deciding the present petition are that on 1/10/1991 at about 12:30 pm, the deceased Sh. Sanjay along with his friend Vimal Kaushal, PW1 were going on the motor cycle bearing registration No. DL 3SC 496 to their college from Gole Market to know about their result. While passing through Connaught Place when they reached in front of Super Bazaar on the outer circle, a DTC bus bearing registration No. DEP 9486 came from behind at a very fast speed and struck against the said motor cycle from behind, due to which the motor cyclist, Vimal Kaushal and the pillion rider Sanjay fell down on the road. While Vimal Kaushal escaped with minor injuries, the pelvis of the pillion rider Sanjay was fractured in the said accident, as a result of which he succumbed to his injuries in the hospital. As per the prosecution the revisionist was the driver of the DTC bus and he was driving the bus at a fast speed and also in a rash and negligent manner and after the accident he fled away from the site of the accident. Upon receiving information about the said accident, DD No. 8 -A was recorded at the Connaught Place Police Station and S.I. Ajit Singh, PW7 was entrusted the matter for enquiry. When S.I. Ajit Singh reached the accident site, he found motor cycle bearing registration No. DL 4 SC 4196 lying there and he came to know that the injured had been removed to LNJP Hospital. He then went to the hospital and there he found the injured Sanjay but he was unfit for giving statement. Thereafter, he met Vimal Kaushal, who gave his statement, Ex. PW1/A, wherein he alleged that the accident took place due to rash and negligent driving of the bus being driven by Sh. Bhairav Singh, Revisionist in the instant case. Upon statement of Vimal Kaushal, the police registered a case under Section 279/337 IPC on 1/10/1991 at 2:00pm. Initially the deceased Sanjay was taken to LNJP hospital and from there he was shifted to Batra Hospital, where he died on 25/10/1991, whereafter, the case was converted from one under Section 279/337 IPC to Section 304A IPC. During investigation the motor cycle and the bus involved in the accident were seized by the police and were mechanically examined and Sh. Bhairav Singh, the petitioner herein was arrested on 28/10/1991.

(3.) ANANDASING Neggi v. State, AIR 1969 49;