SHRAVAN KUMAR Vs. STATE OF UTTRAKHAND

JUDGEMENT

(1.) APPELLANT Shravan Kumar along with five others was tried for the offences under Section 147, 279, 337, 338, 307, 332 and 353 read with Section 149 IPC by learned Additional Sessions Judge, Haridwar in S.T. No. 429/2000. The trial pertains to the Police Station Jwalapur, District Haridwar, Crime No. 86/2000, which culminated into the acquittal of all the accused except the appellant Shravan Kumar, who was allegedly the driver of the Vikram tempo bearing No. UP - 10B -2184 at the relevant time of occurrence. Shravan Kumar was held guilty for the offences of under Section 279, 337, 338 and 332 IPC and, accordingly, he has been sentenced by the learned Trial Judge.

(2.) THE incident took place on 20.03.2000 at about 12:40 P.M. The report was promptly lodged within one hour while the police station was around 2 km away from the spot. The occasion was of Holy (the festival of colour) and injured Sub Inspector R.K. Tyagi along with few constables was performing law and order duty in the territorial jurisdiction of his police station. He got information from someone that few untoward elements sitting in the Vikram Tempo, as numbered above, were causing every nuisance including manhandling to the passersby at some distance. Receiving this information, police party proceeded towards the place of occurrence. As the accused persons noticed the arrival of police, they drove their Vikram tempo towards the police personnel. The tempo was being driven by the appellant. It has been alleged that all the miscreants sitting in that tempo exhorted the appellant to run over the entire police personnel. So, the appellant did not stop his vehicle and try to run it over the police personnel. The appellant was driving his Vikram tempo very rashly and negligently and dashed PW3 SI R.K. Tyagi. PW3 fell down and without caring a little, the appellant almost ran over his vehicle on the body of PW3. He became unconscious and shifted to the hospital where the Doctor found as many as seven injuries on his body including a fracture on right clavicle (a collarbone). The FIR was lodged initially for the offence of under Sections 279, 337, 338 IPC, but next day, the gravity of the same was enhanced by adding Sections 307, 332, 353 IPC.

(3.) I have heard the learned counsel for the appellant as well as learned State counsel.