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IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL.REV.P. 3/2020

Reserved on : 04.10.2021

Date of Decision: 12.10.2021

IN THE MATTER OF:

NARENDER

..... Petitioner

Through:

Ms. Usha Pandey, Advocate.

Versus

STATE (GOVT. OF NCT OF DELHI)

..... Respondent

Through:

Mr. Sanjeev Sabharwal, APP for State.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

J U D G M E N T

MANOJ KUMAR OHRI, J.

1. 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

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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 arash 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.

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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 29.11.2018, the

petitioner stated that his time to leave t