JUDGMENT

Amit Sharma, J.

1. The present petition under Section 397 of the Code of Criminal Procedure, 1973 (`CrPC') challenges the judgment dated 10.12.2018 passed by learned District and Sessions Judge, Special Judge, NDPS-02, Tis Hazari Courts, Central District, New Delhi in Criminal Appeal No. 401/2018, whereby the learned Additional Session Judge upheld the judgment dated 27.07.2018, passed by learned Metropolitan Magistrate-03, (Central), Tis Hazari Courts, Delhi.

2. Briefly stated, the facts of the present case are as under:

i. It is the case of the petitioner that on 06.06.2007, at around 1:00 am, Mr. Kirpal Singh (petitioner) along with his deceased wife, Late Ms. Surender Kaur, on the pillion seat were riding on their scooter bearing no. DL-6SK-4852, near Shankar Road, Gol Chakkar, Rajender Nagar, Delhi. Thereafter, respondent no. 2 driving a Maruti Zen car bearing no. DL-9CB-6186, at a very high speed hit the scooter of the petitioner in a rash and negligent manner allegedly under the influence of the alcohol. Due to the said impact, the appellant and his deceased wife suffered serious injuries.

ii. The petitioner and his wife were immediately rushed to Sir Ganga Ram Hospi