ROOP CHAND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant was tried by the Judicial Magistrate, First Class, Baloda Bazar, for offences punishable under Sections 279/338, IPC for having caused injuries to one Sushil Kumar Jangade, on 7-4-93 at about 7.00 p.m. when the said person was going to attend his work.

(2.) The allegations against the present applicant were that he was driving the vehicle rashly and negligently and hit the victim. The victim in the said accident suffered a fracture of clavicle bone. After completing investigation, challan was filed against the present applicant on which Criminal Case No. 300/93 was registered. The applicant denied the charges, therefore, he was put to trial. After recording the evidence and hearing the parties, the learned Trial Court came to the conclusion that the prosecution was successful in bringing home the guilt. It accordingly convicted the appellant under Sections 279 and 338, IPC and also awarded sentence of fine of Rs. 1000.00 under each count and to undergo R.I. for one month in default of deposit of fine under each count, under the judgment dated 12-7-2000,

(3.) Being aggrieved by the said judgment, the appellant preferred Criminal Appeal No. 202/2000, which was heard and decided by 1st Addl. Sessions Judge, Baloda Bazar, who under his judgment dated 7-11-2000 dismissed the appeal, maintained the conviction and awarded sentence.