GURUMEET SINGH Vs. STATE OF MP

JUDGEMENT

(1.) This revision petition under Section 397 read with Section 401 of Cr.P.C. has been filed by the applicant being aggrieved by the judgment dated 10.12.2016 passed by II Additional Sessions Judge, Gwalior in Cri.Appeal No.6400272/2016, modifying the judgment dated 4.5.2016 passed by Judicial Magistrate First Class, Gwalior in Criminal Case No. 2982/2013, by which the conviction of the applicant for the offences punishable under Sections 279 and 338 of IPC has been maintained, however, the sentence under Section 338 of IPC has been reduced from one year RI to three months RI with fine of Rs.1000/-. The sentence of one month simple imprisonment with fine of Rs.1000/- as imposed by the JMFC has been affirmed by the Additional Sessions Judge.

(2.) The prosecution story in brief is that on 25.2.2013 at 5 pm, when complainant Ramswaroop Kushwaha was going from Morar to his house via Badagaon after carrying tent material by a loading vehicle and his son Mansingh was going ahead on his motorcycle No. MP- 06/HA-9585, then on reaching at the turn of Ganeshpura Circle, the driver of Maruti Vehicle No. MP07-CA-4379 coming from Bhind, who was driving the vehicle rashly and negligently, dashed the motorcycle of Man Singh, which resulted into injuries sustained by Mansingh on his person including left leg. The driver of Maruti vehicle fled away from the spot along with his vehicle and number plate of his vehicle got broken. Complainant Ramswaroop and a driver of loading vehicle namely Balwant Singh Kushwaha lifted injured Man Singh and called 108 Ambulance, which took the injured to Murar Hospital where he was admitted. On that very day at 6.35 in the evening Ramswaroop Kushwaha lodged the report, on which after registering the Crime No.100/2013 for the offences under Sections 279, 337 of IPC the Police started investigation. On medical examination of injured Man Singh, fracture was detected in the tibia and fibula bone of left leg of Man Singh, the police added the offences under Sections 338 and 427 of IPC on account of damage to the motorcycle. During investigation, applicant/accused Gurumeet Singh was arrested and his vehicle and its documents were seized. On completion of investigation, the police filed charge sheet before JMFC Gwalior.

(3.) After framing the charge and recording the evidence, the offences under Sections 279 and 338 of IPC were found proved and the applicant was convicted under the aforesaid section and sentenced to one month simple imprisonment with fine of Rs.1000/- and one year rigorous imprisonment with fine of Rs.1000/- respectively. Against the judgment of the trial court, an appeal was preferred before the Sessions Court and IInd Additional Sessions Judge Gwalior maintained the conviction under the aforesaid offences but reduced the sentence from one year to three months RI with fine of Rs.1000/- for the offence under Section 338 of IPC. The sentence for the offence under Section 279 was affirmed. Against which, this revision application has been preferred.