JUDGMENT

Indermeet Kaur, J. —On 28.8.1992 at about 9.00 p.m. on the Nelson Mandela Road, Vasant Vihar an accident had occurred between tanker No. DHL 2965 and a TSR No. DL1R 5517. Two persons namely Mahendra Singh and Surinder Pal Singh had succumbed to their death. As per the version of the prosecution the offending tanker was being driven by the petitioner Dharam Pal. The eyewitness account of PW1 Gurdyal Singh had found favour with the Trial Court.

2. PW1 had on oath deposed that on 28.8.1992 at about 9.00 p.m. he was travelling in his car on the Nelson Mandela Road; after crossing the Vasant Continental about 1 km. ahead towards Vasant Kunj, a TSR No.DL1R 5517 was going ahead of his car; a water tanker No. DHL 2965 came at a fast speed from the side of Vasant Kunj being driven in the middle of the road, the tanker all of a sudden turned towards the right and hit against the TSR and then turned towards the left. PW1 managed to save himself and stopped his car on the left side of the road; the TSR was over-run by the tanker; the TSR had come under the front wheel of the tanker; there was one passenger and one driver in the TSR; one being a Sikh and another being a mona; the driv