SHIV SINGH Vs. STATE

JUDGEMENT

(1.) -This appeal is directed against the judgments, dated February 28, 1982 and March 1, 1983, passed by Shri J.D. Kapoor, Additional Sessions Judge, Delhi, convicting the appellant Shiv Singh for offences under Sections 279, 338, 303 and 201 of the Indian Penal Code (for short 'the Code') and sentencing him to rigorous imprisonment for three months and a fine of Rs. 100.00 and in default of payment of fine rigorous imprisonment for a further period of fifteen days under Section 279, rigorous imprisonment for six months and a fine of Rs. 250.00 and in default of the payment of fine rigorous imprisonment for a further period of one month under Section 338; rigorous imprisonment for three years and a fine of Rs. 500.00 and in default of the payment of fine rigorous imprisonment for a further period of three months under Section 308; and rigorous imprisonment for six months and a fine of Rs. 250.00 and in default of payment of fine rigorous imprisonment for a further period of one month under Section 201. It was, however, directed that the sentences shall run concurrently and the entire fine, if realised, shall be paid to the injured as compensation.

(2.) According to the prosecution version, Ramesh injured was going on a bicycle from Ranjit Hotel side towards Turkman Gate. When he reached Nehru Hill near Ranjit Hotel, the appellant, Shiv Singh, who was driving a Matador bearing registration No. DHE 2124 rashly and negligently, struck the bicycle from behind. As a result, Ramesh fell down and sustained grievous injuries. The appellant stopped the vehicle at some distance and came down along with coaccused Manu Gupta who was sitting in the vehicle along with him. Both of them removed the injured and put him in the vehicle staling that they were taking him to the hospital for his treatment. On the way they changed their mind and threw the appellant behind the bushes at some deserted place near Wazirabad Bridge, Delhi.

(3.) Public Witness . 5, Bhagwan Dass and Prem, uncle of the injured, on being informed about the occurrence reached the place of accident and from there they went to L.N.J.P. Hospital. They could not find Ramesh injured in the hospital and went to Police Station Kamla Market where a report was lodged about the occurrence which was recorded at serial No. 17-A in the daily diary (copy Exhibit Public Witness l1/A). A copy of the report was handed over to A.S.I. Ajmer Singh for investigation. The investigating officer reached the place of occurrence and from there to the hospital. The injured could not be found and, therefore, he came back to the spot. Public Witness . 2 Gulshan, an ocular witness was present there. His statement (Exhibit PW2/A) was recorded and sent to the Police Station for registration of a case. On the basis of this statement F.I.R. (Exhibit 4A) was recorded. He took into possession various articles, vide memos and prepared the site plan, etc.