AJAY KUMAR Vs. STATE OF CHHATTISGARH THROUGH

JUDGEMENT

(1.) The accused/applicant has preferred this revision petition against the judgment of conviction and order of sentence dated 12.01.2009 passed by Sessions Judge, Janjgir District Janjgir Champa in Criminal Appeal No. 62/2008 affirming the judgment dated 04.08.2008 passed by Chief Judicial Magistrate Janjgir in Criminal Case No. 662/03 convicting the accused/applicant u/s 279 and 338 IPC and sentencing him to undergo RI for three months under Sections 279 and 338 IPC plus fine of Rs. 500/- respectively.

(2.) Facts of the case, in brief, are that on 04.05.2003 when complainant Bhoj Bai (PW-2) along-with her husband and other family members was going to Janjgir in a jeep bearing registration No. CG/11/6102, its driver (the applicant herein), driving the same in a rash negligent manner hit a bullock cart parked by the side of road, as a result of which the complainant suffered grievous injury on her thigh. After report (Ex. P-1) being lodged, the investigation proceeded and charge-sheet was filed against the accused/applicant under Section 279, 337 and 338 IPC.

(3.) On being satisfied with the averments of the parties and evidence on record the trial Court convicted and sentenced the accused/applicant as mentioned above. The findings recorded by the trial Court have been affirmed by the lower appellate Court by the Judgment impugned, and it is that which is under challenge in this revision.