RAM BAHADUR Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER Ram Bahadur stands convicted for the offence punishable under Section 337 of the IPC and sentenced to R. I. for 3 months and to a fine of Rs. 500/-, [in default, to undergo imprisonment for one month] vide impugned judgment dated 2-7-99 passed by the Addl. Sessions Judge, Sagar in Criminal Appeal No. 50/99.

(2.) THE facts of the case which lead to conviction are that on the relevant date Ramnath Patel was going on his motor-cycle towards Civil Lines Square, Sagar and when he reached near Sangam Hotel, the petitioner who was driving the Commander Jeep No. MP 15-D 5017 hit Ramnath Patel which resulted in grievous injury. It is alleged that the petitioner was driving the jeep in a rash or negligent manner. The report of the incident was lodged by Ramnath Patel at Police Station, Gopalganj. He was examined by Dr. R. K. Khare who found as many as 8 injuries on his person. The offending jeep and its documents were seized. The jeep was inspected by Bharal singh Solanki who found a dent on the bonut and indicator light was also found broken. However, remaining system of the vehicle was found in working order. Ex. P-7 is the report of Bharat Singh Solanki. The applicant was arrested on 20-12-97. After usual investigation, challan was filed for the offence punishable under Sections 279, 337 and 338 of the IPC against the petitioner in the Court of Judicial Magistrate First Class, Sagar.

(3.) THE case of the petitioner was that he was driving the jeep in a slow speed. It was the complainant Ramnath Patel who was driving the motor cycle rashly and negligently.