RAMINDER Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This appeal challenges the conviction on charge for offence of culpable homicide not amounting to murder and the punishment awarded therefor.

(2.) On 10.09.1991, at about 12 "O" clock noon time, an incident occurred in the vicinity of Girls Primary School, Colony Road turning on Jafarpur Road within the jurisdiction of police station Jafarpur Kalan (the police station). It involved two motor vehicles one described as two wheeler scooter bearing no. DL 4SC 0754 (hereinafter "the scooter") and, the other, a whole body truck bearing registration no. DL-1G -5988 (hereinafter "the truck"). The scooter was being driven by Ashok Kumar, son of Laxman Singh, resident of village Khera Dabar. The truck is stated to have been driven at the relevant point of time by the appellant herein. It is the prosecution case that the appellant, accompanied by two young persons with him, had driven the truck in a rash manner and, while taking a turn, the truck had hit against the scooter causing its rider (Ashok Kumar) to fall down. It is alleged that the truck came to a halt at some distance and its driver got down, saw the fallen scooterist and thereafter reversed the truck, crushing in that process the head of the scooterist under its rear wheel and thereafter fled away in the direction of Samas Pur village. Ashok Kumar concededly died on the spot due to the injuries suffered.

(3.) On the statement (Ex.PW-2/A) of Jagbir Singh (PW-2), recorded sometime before 1.30 p.m. on 10.09.1991, first information report (FIR) no. 72/1991 (Ex.PW-4/A) was registered in the police station at 12.35 p.m. on the same date. Upon conclusion of investigation into the said FIR, final report (charge-sheet) under Sec. 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) was laid in the court of Metropolitan Magistrate seeking trial of the appellant as accused on the charge for offences under Sections 302 and 201 of Indian Penal Code, 1860 (IPC). The case was committed, in due course, to the court of Sessions where the appellant stood trial (in sessions case 60/1991) on the charge under Sec. 302 IPC. The trial culminated in judgment dated 23.08.2002 whereby the Additional Sessions Judge held the appellant guilty for offence under Sec. 304, Part II IPC. He was accordingly convicted and, by subsequent order dated 29.08.2002, rigorous imprisonment for three and half years with fine of Rs. 50,000.00, in default simple imprisonment for six months was awarded as punishment. The trial judge directed that from the fine, if realized, an amount of Rs. 45,000.00 shall be paid to the parents of the deceased (as compensation).