RASHID Vs. STATE

JUDGEMENT

(1.) The present proceedings have been instituted challenging the judgment dated 21.02.2018 passed by the Special Judge, Dwarka Courts, Delhi in CA No.240/2017,whereby the conviction of the petitioner was upheld, however, the sentence under Section 304A IPC was reduced to RI for 6 months.

(2.) Earlier, vide judgment dated 05.05.2017 passed by the Metropolitan Magistrate-06, Dwarka Courts, Delhi, the petitioner was convicted in FIR No.397/2013 registered under Sections 279/337/304A IPC at P.S. Dwarka North. The petitioner was sentenced to RI for 3 months for the offence punishable under Section 279 IPC. He was also sentenced RI for 6 months for the offence punishable under Section 337 IPC and RI for 1 year for the office punishable under Section 304A IPC. The sentences were directed to run concurrently. The petitioner was also directed to pay compensation of Rs.75,000/- in terms of Section 357(3) Cr.P.C. & out of which Rs.70,000/- was to be paid to the LRs of the deceased, Prabhawati and the remaining amount of Rs.5,000/- was to be paid to the injured Anil Kumar and in default of which, he was directed to undergo RI for three months in additions to the aforesaid sentence.

(3.) Briefly, the facts as noted by the trial court are as under:-