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2015 Supreme(Del) 4135

S.P.GARG
Ashok Kumar – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent


Advocates:
For the Petitioner:Mr.C.S.Rathour, Advocate with Mr.Neeraj Kumar, Advocate.
For the Respondent: Mr. Navin K.Jha, APP.

JUDGMENT :

S.P. Garg, J.

1. The instant revision petition has been preferred by the petitioner–Ashok Kumar to challenge the legality and correctness of a judgment dated 20.08.2014 of learned Addl. Sessions Judge in Crl. Appeal 159/13 arising out of FIR No. 214/00 PS New Ashok Nagar by which conviction and sentence recorded by the learned Metropolitan Magistrate under Sections 279/304 A IPC vide order dated 25.09.2013 were upheld. The petitioner was sentenced to undergo SI for six months with fine Rs. 1,000/- under Section 279 IPC and SI for one year with fine Rs. 5,000/- under Section 304 A IPC. The revision petition is contested by the State.

2. Briefly stated, prosecution case as reflected in the charge-sheet was that on 20.09.2000 at around 10.23 p.m. at St. Marry Public School Chowk, Mayur Vihar, Phase-III, the petitioner while driving Bus DL 1PA 6558 in a rash and negligent manner struck against one cyclist Nagender aged around 12/13 years and caused his death not amounting to culpable homicide. The petitioner was arrested at the spot and the offending vehicle was seized. The Investigating Officer lodged First Information Report after recording statement (Ex.PW-10/A) of the vi










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