DARSHAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision is directed against the judgement dated 30.6.2005 passed by the learned Sessions Judge, Una in Criminal Appeal No.12 of 2004 affirming the conviction and sentence imposed by learned Additional Chief Judicial Magistrate, Court No.1, Una on 15/28.6.2004 in case No. 50-II-2001 except under Section 337 IPC.

(2.) The facts in brief are that on 6.12.2000 at about 5.00 p.m. the petitioner was driving scooter bearing No. HIU-527 on public road in drunken condition in a rash and negligent manner and hit PW 5 Anju Bala, who sustained grievous and simple injuries. The matter was reported to the police by complainant PW 1 Dhanna Singh the grand father of Anju Bala. The injured was medically examined. On completion of investigation, report under Section 173 Cr.P.C. was Whether the reporters of the local papers may be allowed to see the Judgment? Yes filed, under Sections 279, 337, 337 IPC and Section 185 of Motor Vehicles Act.

(3.) The notice of accusation was put to petitioner. He denied notice of accusation and claimed trial. The prosecution has examined ten witnesses and produced several documents to prove the case against the petitioner. The statement of the petitioner was recorded, under Section 313 Cr.P.C., he denied the case and took the defence that he has been falsely implicated in the case. The petitioner, however, has led no evidence in defence. The trial court convicted the petitioner, under Sections 279, 337, 338 IPC and section 185 of the Motor Vehicles Act for various terms as provided in the judgement dated 15/28.6.2004 of the trial court. The learned Sessions Judge in appeal on 30.6.2005 has upheld the conviction and sentence of the petitioner but set-aside the sentence part of the petitioner under Section 337 IPC, hence revision.