PRABHU DAYAL Vs. STATE OF H.P.

JUDGEMENT

(1.) The Petitioner is aggrieved by the judgment and sentence imposed by learned Sub Divisional Judicial Magistrate, Rajgarh sentencing him to undergo simple imprisonment for three months for each offences under Ss. 279, 337 and 338 of the Indian Penal Code and to pay a fine of Rs. 5,000/ - for offence under Sec. 279, Rs. 1000/ - for offence under Sec. 337 and Rs. 1000/ - for offence under Sec. 338, and in default of payment of fine to undergo simple imprisonment for fifteen days for each offence.

(2.) In appeal, the learned Additional Sessions Judge has affirmed the judgment and sentence. The prosecution had alleged that on May, 30, 2000, three teachers PW -1 Om Wati, PW -2 Anuradha Garg and PW -3 Sunila Kachhan were proceeding from the School at Sarahan to their residence, when a vehicle driven by the Petitioner herein came at a high speed from behind and struck against Om Wati and Anrudha Garg, due to which PW -1 Om Wati fell down and PW -2 Anuradha Garg also sustained injuries. On appreciation of evidence of complainant PW -1, Om Wati, who stated that she alongwith two of her colleagues was proceeded towards their residence, when vehicle being driven by the accused struck against her, PW -2 Anuradha Garg and PW -3 Sunila Kachhan. The learned Court holds that the Petitioner was guilty of offences as charged.

(3.) Two doctors PW -8 Dr. V.K. Bhardwaj and PW -11 Dr. Sarita Agnihotri were examined. PW -11 Dr. Sarita examined both the injured. She found that Smt. Anuradha Garg, PW -2 had sustained abrasion on the elbow, which was .5 cm X .5 cm, (Ex. PW -11/A), which was simple in nature. PW -1 Om Wati, was complaining of pain in the occipital region, but no redness or swelling was seen. She also complained of pain in the sacral region, where tenderness was present, but there was no redness or swelling. There was also a bruise measuring 3 cm X 2 cm on back of her lower thigh. PW -8 Dr. V.K. Bhardwaj, Radiologist, conducted X -Ray on Om Wati, PW -1 and found vide his report Ex. PW -8/C that she had suffered fracture of the coccyx. Both the courts concurrently came to the conclusion that the Petitioner herein was guilty of causing injuries to Anuradha and Om Wati; I am not inclined to take a different view in the revisional jurisdiction by re -appreciating the evidence.