LAWS(DLH)-2009-10-165

AJAY KUMAR Vs. STATE

Decided On October 20, 2009
AJAY KUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) ON 28. 2. 1989, the unfortunate life of victim Radhey Shyam was lost in a bus accident. The said vehicle was bus No. DEP 6776 being driven by the appellant Ajay Kumar. The bus had hit the cyclist under the right rear side tyre. He had succumbed to his death at the spot.

(2.) VIDE judgment dated 13. 9. 2000, Ajay Kumar had been convicted by the Court of the M. M. under Sections 279/304-A IPC. He had been sentenced to undergo RI for two years and a fine of Rs. 5,000/- in default of payment of fine SI for 3 months for the offence under Section 304 A IPC. For the offence under Section 279-A of the IPC, he had been sentenced to undergo si for 3 months and fine of Rs. 1,000/- in default of payment of fine SI 15 days.

(3.) IN appeal vide impugned judgment dated 16. 1. 2001, the conviction of the appellant was maintained but the sentence was reduced to RI for 1 year for the Section 304-A IPC with a fine of Rs. 1000/- in default of payment a fine to undergo SI for 2 months. No modification was made in the sentence imposed under Section 279 of the IPC.