HEM RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner was the accused for offences under Sections 287, 336 and 337 I.P.C. on the allegations that on 19.4.2001 at around 12.45 p.m. near Souli Khad, Swaraj Mazda canter bearing No. HP -34 -4632 was brought for repair to the workshop of Supreme Automobile. The case is that one Pawan Kumar was beneath the vehicle repairing the defects, the accused suddenly started the vehicle with the result that Pawan Kumar sustained injury.

(2.) ON the evidence on record, the learned trial Court convicted the petitioner for various terms of simple imprisonment and to pay fine of Rs. 200/ - for offences under Section 287 I.P.C. In default of payment of fine, the petitioner was sentenced to undergo various terms of imprisonment. Appeal preferred by the petitioner has been dismissed by the learned appellate Court.

(3.) I have given my anxious consideration to the submissions made on behalf of the petitioner. True that if the evidence of the injured is accepted as it is, it may not be stating the fact situation as deposed by him. However what is required to be noticed is that when appearing in evidence such people always make loose statements. The evidence of the doctor establishes that some injuries have been caused to Pawan Kumar. It is also undisputed that Pawan Kumar was under the vehicle and was repairing it. In these circumstances, I do not find any perversity in the findings of the courts below.