HANSRAJ SINGH YADAV Vs. STATE OF M.P.

JUDGEMENT

(1.) With the consent of learned counsel for the rival parties, matter is heard finally.

(2.) The instant writ petition under Article 226 of Constitution of India has been filed by the petitioner assailing the judgment dtd. 31/10/2011 passed by 3rd Additional Sessions Judge, District Bhind (M.P.) in criminal appeal No. 279/2011, which was preferred under Sec. 33 of Village Court Adhiniyam, whereby, the learned 3rd Additional Sessions Judge, District Bhind affirmed the judgment of conviction and order of sentence dtd. 12/07/2011 passed in criminal case No. 95/2010 by Judicial Officer, Village Court, Janpad Bhind (M.P.), whereby, the petitioner was convicted under Sec. 279 of IPC and sentenced him to undergo rigorous imprisonment for six months with fine of Rs.500.00 and under Sec. 338 of IPC sentenced him to undergo rigorous imprisonment for six months with fine of Rs.200.00 and in default of payment of fine, further ordered to undergo 1-1 month additional imprisonment. It has further been directed that both the sentences will run concurrently.

(3.) The facts in brief to decide this petition are that the complainant H.C. Omvir Singh Tomar has lodged report at police station Umari, District Bhind stated therein that on 09/05/2004, the complainant along with police force boarded in a Commander Jeep bearing registration No. M.P. 07 H - 4141 and were doing patrolling at Nunhata Shikata Voting Centre in regard to Loksabha Election and the said Jeep was driven by the petitioner in rash and negligent manner and as soon as they reached at Shikata turning, at that time, the said Jeep turned turtle, due to which, the victim sustained injuries. On the basis of aforesaid, an FIR bearing Crime No. 62/2004 was registered at police station Umari, District Bhind for the offence punishable under Sec. 279, 337, 338 of IPC. On lodging of F.I.R., criminal law was triggered and set in motion, the injured were sent for medical examination, recorded the statements of the eye-witnesses; prepared the spot map; arrested the accused person and after completion of all due formalities, the charge sheet was submitted before the competent Court having criminal jurisdiction.