NARESH BAGHEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision under Section 397/401 of CrPC has been filed against the judgment and sentence dated 30/6/2018 passed by the Ist Additional Sessions Judge, Dabra, District Gwalior in Criminal Appeal No. 54/2017 by which the judgment and sentence dated 7/3/2017 passed by the JMFC, Dabra, District Gwalior in Criminal Case No. 2092/2014 has been affirmed and the conviction of the applicant for offence under Sections 279 and 338 of IPC has been maintained and the applicant has been sentenced to undergo the rigorous imprisonment of six months and a fine of Rs. 200/- with default imprisonment for offence under Section 338 of IPC and no separate offence has been awarded for offence under Section 279 of IPC as the same has been treated as a lesser offence of Section 338 of IPC.

(2.) The necessary facts for the disposal of the present revision in short are that complainant Gajendra Jatav lodged a report at Police Station Dabra, District Gwalior on 11/12/2014 alleging that he was going along with his mother on his motorcycle bearing Registration No. MP07 ML 2625 from village Sirohi to village Rarua. At about 11:00 am when he reached to public road, one motorcycle bearing Registration No. MP07 MM 1415, which was coming from the side of Chinnore in a rash and negligent manner, dashed the motorcycle of the complainant as a result of which, the complainant and his mother Smt. Rajabeti sustained various injuries.

(3.) On the basis of the complaint made by the complainant, the police registered the offence in Crime No. 1035/2014 for offence under Sections 279 and 337 of IPC. The spot map was prepared and the injured was sent for medical examination. The statement of the witnesses were recorded and, accordingly, the charge-sheet for offence under Sections 279, 337, 338 of IPC and Section 146/196 of Motor Vehicles Act was filed.