Negligence and rashness must be proven beyond reasonable doubt for conviction under Sections 279 and 304A IPC; mere involvement in an accident does not equate to guilt.

JUDGMENT

Manoj kumar Ohri, J. The present revision petition has been filed under Sections 397 /401 Cr.P.C. read with Section 482 Cr.P.C. on behalf of the petitioner assailing the judgment dated 18.12.2019 passed by the learned Addl. Sessions Judge-02 (Central District), Tis Hazari Courts, Delhi in Crl. Appeal No. 30/2019, whereby the judgment on conviction dated 09.05.2019 and the order on sentence dated 28.05.2019 passed by the learned Metropolitan Magistrate-04, Central District, Tis Hazari Courts, Delhi in FIR No. 51/2006 registered under Sections 279 /304A IPC at Police Station I.P. Estate, Delhi, were upheld.

2. Vide the aforesaid judgment on conviction and order of sentence, the Trial Court had convicted the petitioner for the offences punishable under Sections 304A/279 IPC and sentenced him to undergo Rigorous Imprisonment for a period of 01 year for the offence punishable under Section 304A IPC, and Rigorous Imprisonment for a period of 03 months for the offence punishable under Section 279 IPC alongwith fine of Rs.1,000/-, in default whereof to undergo Simple Imprisonment for a period of 01 month. Both the sentences were ordered to run concurrently. The fine amount of Rs.1,000/- is stated to have been deposited by the petitioner before the learned Metropolitan Magistrate itself.

3. Briefly stated, the facts of the present case, as noted in the impugned judgment dated 09.05.2019 are that, on 05.02.2006 at about 09:45 p.m., the petitioner was driving a DTC bus bearing registration No. DL-1PB-5602 in a rash and negligent manner, which hit a motorcycle bearing registration No. DL- 3SAQ-3019 from the back side, due to which the pillion rider of the motorcycle, namely Shagun, lost her life. The FIR came to be registered at the behest of Yaduvendra Singh (PW-1), who deposed that on 05.02.2006, he alongwith his sister Shagun (deceased) was going from Darya Ganj to Mayur Vihar via Rajghat Red Light on his motorcycle bearing no. DL-3SAQ-3019. His sister was the pillion rider on the motorcycle. At about 09:45 p.m., he was crossing the Red Light of Rajghat by taking right turn and in the meantime the bus in question, being driven by the petitioner in a rash and negligent manner, hit his motorcycle from the back side. As a result of the hit, he (Yaduvendra Singh) and his sister (Shagun) both fell down and the bus ran over the body of his sister causing her death on the spot.

4. During the trial, besides examining Yaduvendra Singh (PW-1), the prosecution also examined Rohtash (PW-4), who had mechanically inspected the bus in question and proved his report as Ex.PW-4/A, and Shri. T.U. Siddiquie (PW-9), who had mechanically inspected the motorcycle bearing no. DL-3SAQ-3019, which met with the accident. The registered owner of the motorcycle, Mr. Mukesh Gupta, was examined as PW-10. He deposed that at the time of the accident, the motorcycle was in possession of his friend Yaduvendra Singh.

5. The prosecution also examined Shri. Anant Singh (PW-7) to prove the duty slip (Ex.PW-7/A). Dr. Amit Sharma (PW-12), who conducted the post- mortem of deceased Shagun, was examined to prove the Post Mortem report (Ex. PW-12/A) As per the post mortem report, the death of the deceased occurred due to cerebral damage upon blunt force/surface impact to the head.

6. In his statement recorded under Section 313 Cr.P.C. on 29