STATE vs GAUTAM KUMAR

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 30th January, 2025 + CRL.A. 93/2021 STATE .....Appellant Through: Mr. Shoaib Haider, APP for the State with SI Dilsukh, PS KNK Marg, Rohini. versus GAUTAM KUMAR .....Respondent Through: Mr. Umay Mittal and Ms. Priyanka Marwah, Advocates. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. The Appeal under Section 377 (3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC’) has been filed by the Appellant/State, against the Order on Sentence dated 20.07.2020 of the learned ASJ to seek enhancement of sentence imposed Section 279/304-A of the Indian Penal Code, 1860. 2. Briefly stated, the FIR No. 456/2011 under Section 279/304-A of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) registered at Police Station K.N. Katju Marg against the accused/Gautam Kumar, on account of demise of motorcyclist, Mr. Rajat Kumar, on 11.11.2011, due to rash and negligent driving of Bolero Car bearing registration No. DL 8C NA 1844. CRL.A. 93/2021 Page 1 of 4 Signature Not Verified Digitally Signed By:VIKAS ARORA Signing Date:06.02.2025 19:40:05 3. After the trial, Ld. Metropolitan Magistrate held the Respondent /Gautam guilty of the offence under Section 279/304 A of the IPC, 1860, vide Judgment dated 28.08.2019. 4. Thus, vide Order of Sentence dated 31.08.2019, he was sentenced to imprisonment of one year SI and fine of Rs.1,00,000/-, to be paid to the Complainant, by the learned Metropolitan Magistrate. 5. Aggrieved by the above Conviction and Order on sentence, the Respondent preferred the Appeal before the learned ASJ, who vide Order dated 20.07.2020, upheld the Order of Conviction dated 28.08.2019. However, considering the totality of circumstances, reduced the se