CHINTAMANI SHARMA Vs. STATE

JUDGEMENT

(1.) This revision is directed against the judgment of the learned Sessions judge, Sambalpurm whereby he has upheld the judgment and order of the learned judicial Magistrate First Class, Kuchinda, convicting the accused -petitioner under Sections 279 and 337, Indian Penal Code. 1860 and sentencing him to pay a fine of Rs. 300/ - in default to undergo rigorous imprisonment for three months for the offence under Section 279, Indian Penal Code, with an observation that no separate sentence is necessary to be passed under Section 337, Indian Penal Code.

(2.) THE prosecution case, shortly stated, is that on 13.6.1985 at about 7.00 a.m. while the jeep bearing registration No. ORS 494 was being driven by the accused -petitioner from Sambalpur towards Deogarh on the National Highway No. 6, near the village Kuruibahal, the Mining Officer of Sambalpur, PW 5 and Senior Inspector of Mines, PW 6, who were travelling in that jeep found that the jeep was being driven at more than 60 kms. per hour and being afraid of the speed, PW 5 exclaimed 'aare aare'. Healing such exclamation, the accused -petitioner having applied sudden brake, the vehicle went off the road and capsized for which not only the accused -petitioner but also PWs 5 and 6 sustained injuries on their person. Some passers -by and people of the nearby village rushed to the spot and rescued the occupants of the jeep. In the meanwhile, some police officials going in the jeep saw the accident and removed the injured persons to the nearby Jamankira Hospital. An A.F.I., Exh. 2, relating to the incident having been lodged at Jamankira Police Station investigation commenced. The jeep involved in the accident was examined by the Motor Vehicle Inspector and after completion of investigation, chargesheet having been placed, the accused -petitioner faced trial for the offence punishable under Sections 279, 337 and 338, Indian Penal Code.

(3.) AT the trial, the prosecution examined as many as 13 witnesses of whom PWs 5 and 6 were the occupants of the ill -fated jeep; PW 11 is the Motor Vehicle Inspector and Ors. are post -occurrence witnesses, seizure witnesses and the police officers who investigated into the case. On a consideration of the evidence of PWs 5, 6 and 11, the learned J.M.F.C. came to hold that the accused was rash and negligent in driving the vehicle and for such driving the accident occurred injuring the occupants of the vehicle. There being no evidence that the accused or any other occupants received any grievous hurt as a result of the accident, the learned Magistrate, while acquitting the accused of the offence punishable under Section 338, Indian Penal Code, convicted and sentenced him, as stated above; The appeal preferred by the accused having been. dismissed, he has approached this court.