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2021 Supreme(Del) 382

SUBRAMONIUM PRASAD
In the Matter of: Ram Kishan – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Mukul Talwar, Mr. M.K. Vasisht, Ms. Pallavi Shegal.
For the Respondents: Ms. Kusum Dhalla, Mr. Roshal Lal.

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. This revision petition under Section 397/401 Cr.P.C. read with Section 482 Cr.P.C. is directed against the judgment dated 30.07.2018 passed by the learned Additional Sessions Judge, Special Judge (NDPS), South East, Saket Courts Complex in C.A. No. 236/2018. The learned Additional Sessions Judge by the judgment impugned herein has affirmed the judgment dated 04.04.2018 passed by the learned Metropolitan Magistrate convicting the petitioner for offences under Sections 279 and 304A IPC and order on sentence dated 17.04.2018 sentencing the petitioner to undergo simple imprisonment for a period of six months for offence under Section 279 IPC and simple imprisonment for two years for offence under Section 304A IPC and directing the petitioner to pay a compensation of Rs. 50,000/- to the Legal Representatives of the victim.

2. The facts in brief leading to the present revision petition are as under:-

    (a) PW-1, Ct. Satpal, Police Station Sarita Vihar who gave information vide DD No. 25A regarding an accident opposite A-19 Mohan Cooperative Mathura Road.

(b) On receiving the said information, the Police reached the spot. PW-1 gave a statement that on 30.05.2

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