POORAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present revision petition under Section 397 and 401 of Cr.P.C. is preferred by the petitioner against the judgment of conviction and order of sentence dated 02-01-2020 passed by the Sessions Judge, Vidisha in Criminal Appeal No.30/2019 whereby the judgment of conviction passed by learned Judicial Magistrate First Class, Vidisha in Criminal Case No.19001130/2016 has been modified and petitioner has been convicted of the charge under Section 338 of IPC and sentenced to 6 months' RI with fine of Rs.1,000/- with default stipulation.

(2.) Precisely stated facts of the case are that the complainant Gajendra Singh recorded a dehati nalisi alleging that on 26-03- 2016 at about 8-9 pm when he along with his friend Mangal Singh were going to home after closing his hotel, one motorcycle driven by the petitioner rashly and negligently come from the back side and dashed to him. As a result of this accident, complainant Gajendra Singh sustained multiple injuries. Thereafter, since petitioner and complainant both received injuries, therefore, admitted in hospital. On the basis of complaint of complainant, FIR has been registered against the petitioner. Matter was investigated and challan was filed in the matter for the offence under Sections 279, 337 and 338 of IPC before the concerned Magistrate.

(3.) Before the trial Court -Judicial Magistrate First Class, Vidisha, petitioner abjured his guilt and prayed for trial. After recording of evidence ocular as well as documentary and hearing the submission of counsel for the parties, the trial Court convicted and sentenced the petitioner as referred above.