Ravinder Singh vs State
2006 Latest Caselaw 451 Del

JUDGMENT

Shiv Narayan Dhingra, J.

1. This revision has been preferred against the order of learned Addl. Sessions Judge passed in appeal upholding the conviction of the petitioner under section 279/304-A IPC awarded by the trial court.

2. The petitioner was driving the truck bearing No.PB-B-C-4545 and caused accident killing deceased Anil Kumar . After hitting the injured the petitioner ran away from the spot and was chased by one of the witnesses. His truck was seized and he was arrested.

3. During trial notice under Section 251 Cr.P.C was served upon the petitioner. He admitted causing of the accident but after recording of evidence of witnesses during his examination under Section 313 Cr.P.C, he denied all the allegations and even causing of accident. Both the courts below have examined the evidence and come to the conclusion that it was the petitioner who was driving the truck negligently and caused death of victim Anil Kumar. A revision court cannot again re-appreciate the evidence . The matter can be looked into only to see if the judgment was based on ' no evidence' or if a grave illegality was committed by the lower court. In the present case both the courts below have come to the same conclusion that petitioner by rash and negligent driving caused death. I find no force in the revision petition. The revision petition is hereby dismissed.

4. The bail bond of the accused is cancelled. Accused is directed to surrender immediately before the CMM/MM concerned to undergo remaining sentence.

5. In case he fails to surrender, the CMM/ACMM/ MM concerned shall issue warrant of his arrest and send him to judicial custody to undergo remaining period of sentence.,

6. A copy of this order be sent to the CMM/ACMM/MM concerned for taking necessary action.