ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) REVISION Petitioner Ashok Kumar faced trial before the Judicial Magistrate IInd Class, Gurgaon, in Criminal Case No. 54/1 of 31.3.1992 on the charges under Sections 279 and 338 I.P.C. After trial, he was accordingly convicted under Section 279 IPC and sentenced to pay a fine of Rs. 500/- and in default to undergo simple imprisonment for two days. The petitioner was also convicted and sentenced to undergo rigorous imprisonment for six months under Section 338 I.P.C.

(2.) AGGRIEVED , the petitioner filed Criminal Appeal No. 3 of 17.1.1997 before the Sessions Court, Gurgaon, and the learned Sessions Judge, after hearing dismissed the appeal. Hence this Revision Petition by the accused petitioner Ashok Kumar.

(3.) THE case of the prosecution as per the F.I.R. registered on the basis of the statement of Mahabir, the injured in this case (PW.1) recorded on 28.2.1992 is that on the night at about 9 or 9.30 p.m. he (Mahabir) along with Jai Bhagwan (PW.5) was going on a bicycle when a jeep bearing No. DL.5C 6051 driven in a rash and negligent manner came from the opposite side and dashed against them causing several injuries to him (Mahabir). In the FIR Mahabir (PW.1) did not give the name of the driver of this vehicle and had stated that only Jai Bhagwan (PW.5) will be able to give name of the Driver.