BALJEET Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 03.10.2006 rendered by learned Additional Sessions Judge, Hisar, whereby, the appeal against judgment of conviction recorded by learned Judicial Magistrate 1st Class, Hisar, was dismissed regarding offence under Sections 279, 304-A and 338 of Indian Penal Code (for short 'IPC'). Learned trial Court held revisionist Baljeet guilty for the offence under Section 337 IPC as well but the learned Additional Sessions Judge, Hisar, acquitted the revisionist for the aforesaid offence for the reason that he was not chargesheeted for the same.

(2.) The learned trial Magistrate vide order of sentence dated 17.05.2002 sentenced the revisionist to undergo RI for a period of six months and to pay a fine of Rs. 500/- for the commission of offence punishable under Section 279 IPC; to undergo RI for a period of 4 months and a fine of Rs. 300/- for the commission of offence punishable under Section 337 IPC; to undergo RI for a period of 1 year and a fine of Rs. 700/- for the commission of offence punishable under Section 338 IPC; to undergo RI for a period of two years and a fine of Rs. 500/- for the commission of offence punishable under Section 304-A IPC. In default of payment of fine, he was further directed to undergo RI for a period of 3 months for the commission of aforesaid offence.

(3.) The aforesaid statement of complainant is Ex. PZ which was recorded by the police on 08.06.1995. ASI Jagdish Singh made his endorsement on this statement and sent the same to the police station for registration of the case, whereupon formal FIR Ex. PW11/A was recorded.