RAJNEESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS revision has been filed against judgment dated 1.2.2005 passed by learned Sessions Judge, Hamirpur in Criminal Appeal No. 20 of 2004 affirming judgment dated 1.9.2004 passed by learned Judicial Magistrate 1st Class, Barsar in Case No. 120 -1/2003/85 -II of 2003 convicting the petitioner for offences punishable under Sections 279, 337, 338 IPC and Section 192 of the Motor Vehicles Act and sentencing the petitioner to undergo simple imprisonment for six months and fine ofRs. 500/ -for offence punishable under Section 279 IPC, simple imprisonment for six months and fine ofRs. 500/ - for offence punishable under Section 337 IPC, simple imprisonment for six months and fine ofRs. 500/ - for offence punishable under Section 338 IPC and fine ofRs. 2,000/ - for offence punishable under Section 192 of the Motor Vehicles Act with default clauses.

(2.) THE prosecution case, in brief, is that on 9.9.2003 at about 8.45 a.m. some unknown person gave a telephonic information at Police Post, Deotsidh about the accident near Bijher, report Ex. PW -9/B was lodged. The statement Ex.PW -1/A of injured PW -1 Sanjiv Kumar was recorded under Section 154 Cr.P.C. He has stated that he along with his father PW -2 Kashmir Singh were travelling on motor cycle No. HP -21 -0378 on 9.9.2003. At about 8.00 a.m. near Dughar Bazar they saw jeep No. HP -19B -0113 coming from Salouni side. The jeep hit the motorcycle as a result of which both PW -1 and PW -2 sustained injuries. The jeep was being driven by the petitioner, who took the injured to the hospital after the accident. It has been stated that accident took place due to rash and negligent driving of the petitioner.

(3.) THE notice of accusation was put to the petitioner who pleaded not guilty and claimed trial. The prosecution has examined 11 witnesses. The statement of petitioner was recorded under Section 313 Cr.P.C. He denied the prosecution case.DW -1 Desh Raj was examined in defence. On conclusion of trial the learned Judicial Magistrate on 1.9.2003 convicted and sentenced the petitioner as noticed above. The appeal filed by the petitioner before the learned Sessions Judge was dismissed on 1.2.2005, hence revision.