SABIR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) VIDE impugned orders dated 17. 8. 2002, learned Metropolitan Magistrate had convicted the petitioner Sabir for the offence punishable under Section 304-A and 279 of the IPC. Vide order of sentence dated 19. 8. 2002 he had been sentenced to undergo RI for one year and to a pay a fine of Rs. 3000/-; in default of payment of fine to undergo SI for one month for the offence punishable under Section 304-A of the IPC; RI for a period of six months and fine of Rs. 1000/-, in default of payment of fine to undergo SI for one month for the offence punishable under Section 279 of the IPC.

(2.) THE appeal before the Sessions Judge had been dismissed vide order dated 9. 10. 2002. Sentence under Section 279 of the IPC had been set aside; no modification was made in the sentence otherwise imposed.

(3.) VIPIN Mishra PW-6 was the eye-witness to the incident of this case. On 23. 12. 1992, he was running a shop in the name and style of Aman Paints and hardware. At about 2. 30 PM while coming out from Fauzi Dhaba he saw a truck no. HR29b 3775 driven by Sabir in a rash and negligent manner hit a cyclist. The cyclist got imbalanced; the truck crushed the cyclist. The truck driver fled away from the spot. Statement of the eye-witness Ex. PW-6/a was recorded.