SANJAY KUMAR Vs. STATE OF HP

JUDGEMENT

(1.) THE petitioner challenges his conviction by the learned trial Court as affirmed by the learned Appellate Court for offences under Section 279, 337 and 338 of the Indian Penal Code sentencing him to undergo rigorous imprisonment for three months and to pay fine of Rs. 1000/ - under Section 279 of I.P.C., rigorous imprisonment for three months and to pay fine of Rs. 500/ - under Section 337 I.P.C. and to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/ - under Section 338 IPC. In case of non -payment of fine, the petitioner has been ordered to undergo various terms of imprisonment.

(2.) THE brief facts for consideration before the trial Court were that on the morning of 28.4.2002, around 5.45 A.M. complainant Krishna Devi and her husband were on a morning walk. When they were on their way to their house and had reached Bhalehar bus stop, her husband went to purchase some articles in a shop across the road.

(3.) THE prosecution has examined 8 witnesses namely PW1 Krishna Devi, PW2 Purshotam Lal, PW3 Dr. Veena Pathiyarch, PW4 Subhash Chand, PW5 Naresh Kumar, PW6 ASI Yash Pal, PW7 Raj Kumar and PW8 Hans Raj. The case of the prosecution has been corroborated in all particulars especially by the evidence of PW1 Krishana Devi and PW2 Purshotam Lal. Though PW1 was declared hostile but her cross examination proved the allegations made by her. She stated about the accident in clear terms and in cross examination stated that the accident had affected her memory. PW3 Dr. Veena Pathiyarch has proved on record the injuries sustained by PW1 as recorded in Ext.PW3/A. The X -ray report Ext.P2 proves the fracture on the person of the complainant.