SURESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner has preferred this revision under Section 397 read with section 401 Cr.P.C. being aggrieved by the judgment dated 20.11.2008 passed by Additional Sessions Judge, Sehore, in Criminal Appeal No.161/2008, arising out of the judgment dated 7.10.2008 passed by Judicial Magistrate Class I, Sehore, in Criminal Case No.596/2005, whereby the petitioner has been convicted and sentenced as under:-

(2.) PROVISION Sentence u/s 279 IPC R.I. for six months. u/s 338 I.P.C. R.I. for six months. (both the sentences to run concurrently). 2. According to prosecution, the complainant was engaged in the business of selling mobile phones in Astha. On 17.3.2005, complainant Chandrashekhar who had gone to Bhopal from Astha, was returning to Astha from Bhopal on his motorcycle and a girl, named Ku.Nilu was sitting on his motorcycle as a pillion rider, at about 5 PM. The accused Suresh, who was driving a tanker rashly and negligently, dashed the motorcycle of the complainant near village Thuna Pachma. As a result of which the complainant sustained injuries on the face, forehead, right leg, knee and around. The girl sitting along with the complainant also 2 sustained injuries on left thigh, knee and near left eye. Dehati Nalishi, Ex.P/5, was recorded pursuant to this incident and on the basis of Dehati Nalishi, a report, Ex.P/8, was lodged at Police Station Kotwali, District Sehore. The Police registered the offence under sections 279 and 338 I.P.C. against the accused Suresh.

(3.) IT is well settled that the revisional jurisdiction cannot embark upon re-appreciation of evidence unless the finding of fact, on the face of it, is illegal and perverse. The appellate judgment affirming the finding of guilt does not suffer from any error of jurisdiction. Both the Courts below have not committed any mistake in believing the statements of prosecution witnesses. Therefore, the petitioner is rightly convicted under Sections 279 and 338 of IPC.