SONU CHAUDHARY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE present revision petition is directed against the judgment dated 4.8.2004, of the learned Addl. Sessions Judge (I), Kangra at Dharamshala, H.P, affirming the conviction and consequent sentence of two months and fine of Rs. 500/ -and in default further simple imprisonment for one month on each count, imposed upon the Petitioner herein, who was arrayed as accused before the learned trial Court for the offences under Sections 279, 337 and 338 of the Indian Penal Code (Indian Penal Code), vide judgment dated 3.8.2003, passed by the learned Judicial Magistrate 1st Class, (I), Dharamshala.

(2.) IN brief, the prosecution case was that on 28.2.2003, at about 5.30 PM, PW -1 Deep Kumar along with PW -2 Rajesh Kumar, was going on his motorcycle No. HP -40 -4479 to Gaggal. The motorcycle was being driven by PW -1 Deep Kumar and PW -2 Rajesh Kumar was pillion rider. It is alleged that when the motorcycle reached Ladhwara, the accused who had parked his van bearing registration No. HP -39A -0963 on the road side, suddenly reversed the same in a rash and negligent manner and hit the motorcycle, as a result, both the riders fell down on the road and sustained injuries. They were taken to the hospital for treatment by the accused himself.

(3.) I have heard the learned Counsel for the Petitioner -accused, learned Assistant Advocate General for the Respondent -State and gone through the record.