KAILASH Vs. STATE GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The present proceedings arise of impugned judgment dated 29.01.2018 passed by the Addl. Sessions Judge-04 & Special Judge (NDPS) South-East District, Saket Courts, New Delhi in CA No.134/2017 in CA No.44/2017 arising out of FIR No.196/2010 registered under Sections 279/304A/338 IPC at police station Pul Prahlad Pur whereby the judgment of conviction of the appellant dated 07.03.2017 and order on sentence dated 15.03.2017 passed by the MM (South-East)-08, Saket Courts, New Delhi was upheld.

(2.) Vide judgement of conviction dated 07.03.2017, the Metropolitan Magistrate convicted the petitioner for offences punishable under Sections 279/304A/338 IPC and vide order dated 15.03.2017, the petitioner was sentenced to undergo SI for one year with fine of Rs.5,000/- u/s 304-A IPC, SI for 6 months with fine of Rs.1,000/- u/s 279 IPC and SI for one year u/s 338 IPC. All the sentences were directed to run concurrently. In default of payment of fine of either of the offences, the petitioner was directed to undergo simple imprisonment for a period of three months in addition to the substantive imprisonment.

(3.) The notice under sections 279/304A/338 IPC was framed to which the petitioner pleaded not guilty and claimed trial. During the trial, the prosecution examined 10 witnesses. The statement of the petitioner was recorded on 29.08.2013 under Section 294 IPC where he had admitted DD No.36A, 8-B, 9-B dated 22.07.2010, TIP proceedings dated 24.07.2010, superdarinama of offending vehicle, entry in Register No.19 of Malkhana of P.S. Pul Prahlad Pur, MLC bearing No.219278 and 219277, X-ray reports No.24806 & 24831 without disputing their genuineness. On 10.02.2017, the said documents were exhibited as Ex.A-1 to A-11. The documents pertaining to the identification and handing over of the dead body of deceased Ex.A-12 to Ex. A-15 were also admitted by the petitioner.