Anoop Singh vs State (Govt. Of Nct Of Delhi) on 9 October, 2015

1. The instant revision petition has been preferred by the

petitioner – Anoop Singh to challenge the legality and propriety of a

judgment dated 30.10.2014 of learned Addl. Sessions Judge in

Crl.A.37/14 by which order of learned Chief Metropolitan Magistrate

dated 03.09.2014 convicting him under Sections 279/337/304-A IPC was

upheld. The petitioner was sentenced to undergo RI for three months with

fine `500/- each under Sections 279/337 IPC and SI for nine months with

fine `9,000/- under Section 304-A IPC. The substantive sentences were to

operate concurrently.

2. Briefly stated, the prosecution case as reflected in the charge-

sheet was that on 16.09.1997 at about 01.15 p.m. near Jeewan Hospital,

New Rohtak Road, Delhi, while driving bus No.DL-1PA-0014 on route

No.805 in a rash and negligent manner the petitioner hit it against a cycle-

rickshaw from behind and caused injuries to Kiran Anand and Sushma

Duggal. Sushma Duggal subsequently succumbed to the injuries and

expired. Daily Diary (DD) No.14, Police Post Siddhipura, Mark ‘B’ came

into existence at 01.20 pm on getting information about the accident. DD

No.17 Mark ‘A’ was recorded at 02.35 p.m. intimating that two women

were admitted at Jeewan Hospital in injured condition. PW-9 (SI Jai Pal

Singh) along with Const.Ram Avtar went to the spot. After recording

statement (Ex.PW-1/A) of the victim – Kiran Anand; he lodged First

Information Report. The accused was arrested. Post-mortem examination

on Sushma’s body was conducted. Statements of the witnesses conversant

with the facts were recorded. On completion of investigation, a charge-

sheet was filed in the Court. The prosecution examined thirteen witnesses

to establish its case. In 313 Cr.P.C. statement, the petitioner pleaded false

implication. After considering the rival contentions of the parties and on

appreciation of the evidence, by the judgment dated 03.09.2014, the

petitioner was found guilty of the aforesaid offences. Crl.A.37/14 to

Crl.Rev.P.733/2014 Page 2 of 7
challenge the conviction and sentence resulted in its dismissal vide order

dated 30.10.2014. Aggrieved by the said verdicts, the instant revision

petition has been filed.

Source: Indian Kanoon

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