PRASHANT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Prashant, booked in FIR No. 145 dated 2.9.2008, for offences under Sections 279, 336, 427 IPC, registered with Police Station Old Gurgaon, was tried by the Judicial Magistrate Ist Class, Gurgaon, and vide judgment dated 11.3.2011, he was convicted for offence under Section 427 IPC and as per order dated 14.3.2011, he was sentenced to pay a fine of Rs.3,000/- and in default of payment of fine to undergo simple imprisonment for 10 days. He had deposited the amount of fine.

(2.) Briefly stated facts of the case, as per prosecution story are that the criminal machinery was set into motion by complainant Surender Singh, driver of Haryana Roadways bus No. HR-55A/7465, who in his written complaint Exhibit PW1/A, submitted to the Police, has stated that on 2.9.2008, he was on duty as driver in bus No. HR55A/7465; that Rajesh Kumar was on duty as Conductor in the said bus, which was going from Gurgaon to Badli; that when the bus reached ahead of Dhanwapur railway crossing, an Alto car bearing No. HR-26AQ/7844, being driven by accused Prashant came from behind and it was brought to a halt in front of the bus; that accused car driver Prashant alighted from the car and hit the windscreen of the bus with a brick bat, as a result of which the same got smashed. In the complaint, a prayer was made that necessary action be taken against the accused car driver.

(3.) After registration of formal FIR the case was investigated. The accused was arrested in this case and released on bail as the offence happened to be a bailable one. The offending vehicle was taken into police custody.