STATE OF HIMACHAL PRADESH Vs. SURJEET KUMAR

JUDGEMENT

(1.) THE State is in appeal against the judgment dated 1.6.2004, of the learned Addl. Sessions Judge -II, Kangra at Dharamshala, whereby, the appeal filed by the Respondent (accused) against his conviction and the consequent sentence imposed upon him by the learned Judicial Magistrate 1st Class, Kangra, for the offences under Sections 279 and 337 IPC, was allowed.

(2.) BRIEFLY stated the facts of the case are that on 9.11.1997, at about 1.00 PM the complainant, Deveshwar Parshad (PW -2) was going from his shop after taking meals. In the meanwhile a three -wheeler bearing registration No. HP -04 -0362 appeared on the road from old bus stand side. It was being driven by the accused in a very high speed, who could not control the same and hit it against the complainant. Resultantly, the complainant suffered injury. The matter was reported to the police which carried out investigation.

(3.) ON conclusion of the trial the accused was convicted and sentenced to undergo simple imprisonment for three months for the offence under Section 279 IPC and to pay a fine of Rs. 500/ - and in default to suffer further simple imprisonment for one month. For the offence under Section 337 IPC simple imprisonment for three months was also imposed upon the accused. However, both the sentences were ordered to run concurrently.