PUNI RAM Vs. STATE OF H P

JUDGEMENT

(1.) The petitioner is aggrieved by the judgment of both the courts below convicting and sentencing him for offences under Sections 279 and 338 of the Indian Penal Code.

(2.) The prosecution case in brief is that on 1.9.1999 at around 1.50 p.m., the doctor at Civil Hospital, Karsog informed the police on telephone that one Smt. Dharama Vati is admitted to the hospital owing to the injuries which she received in the accident. On this, Head Constable No. 63 Sh. Karam Singh went to the hospital and recorded the statement of the complainant under Section 154 of the Code of Criminal Procedure and accordingly, First Information Report was registered. Complainant Dharama Vati alleged that she and her husband were coming towards the H.P.PWD Rest House Baral from Karsog after they returned from Delhi. When they were on the way, a scooter of light black colour which was being driven in a rash and negligent manner hit the complainant as also her husband and both of them fell down. The leg of the complainant was injured in the accident. The scooter was identified as DL-05-E-6517 being driven by the petitioner.

(3.) The learned trial Court, after consideration of the evidence on record as also the defence put up by the petitioner that it was the fault of the pedestrians, namely, the complainant and her husband which was the cause of the accident, held the petitioner guilty for offences under Sections 279 and 338 of the Indian Penal Code and 181 of the Motor Vehicles Act. He, accordingly, sentenced the petitioner to simple imprisonment for a term of three months under Section 279 I.P.C. and three months simple imprisonment under Section 338 I.P.C and fine of Rs. 300/- each under both the Sections. A fine of Rs. 500/- was imposed upon the petitioner for offences punishable under Section 181 of the Motor Vehicles Act. All the sentences were ordered to run concurrently.