TIKA RAM Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) ON 27.9.1994, the accident took place at the Shahid Bhagat Singh Marg opposite Lady Harding Medical College; the victim Veena Bawa was 39 years old; offending vehicle was a maruti van bearing registration no.DL 3F 7345. Eye witness account of Shashi Kant PW-1 and Om Prakash Kapoor PW-4 had been considered by the trial court; so also the testimony of Archana Tyagi PW-7. The husband of the victim Kuldeep Singh Bawa PW-2 and her brother Kewal Kishan PW-5 had identified the dead body of Veena Bawa; she had been declared as 'brought dead '; her MLC and post- mortem report at the RML hospital were proved as Ex.PW-3/A and Ex.PW-11/A respectively. The investigating officer HC Prem Singh PW-6 in the course of the investigation had arrested the accused and prepared the site plan. The mechanical inspection of the vehicle had been got conducted.

(2.) VIDE judgment of the trial court dated 4.5.2002 the petitioner Tika Ram had been convicted under Section 279 and 304-A of the IPC. Vide order of sentence dated 1.7.2002 he had been sentenced to undergo SI for three months and to pay a fine of Rs.1000/-; in default of payment of fine to undergo SI for 30 days for the offence punishable under Section 279 of the IPC; for the offence punishable under Section 304-A of the IPC he had been sentenced to undergo SI for one year and to pay fine of Rs.4,000/-; in default of payment of fine to undergo SI for two months.

(3.) REVISION petition under Section 397/401 of the IPC has been preferred before this court challenging this impugned judgment.