AJAY KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) Instant criminal revision petition filed under Sections 397 and 401 of the Cr.PC, is directed against the judgment dated 23.7.2011, passed by the learned Additional Sessions Judge, Mandi, HP, in Criminal Appeal No. 43 of 2010, affirming the judgment and order of conviction dated 30.4.2010, passed by the learned Judicial Magistrate Ist Class, Court No.3, Mandi, District Mandi, HP, in Police Challan No. 66-II of 2005, whereby the accused-petitioner has been sentenced as per description given herein below:-

(2.) Briefly stated facts as emerge from the record are that on 14.9.2005, police after having received telephonic message regarding vehicular accident near Patrol Pump, Sauli Khud, District Mandi, recorded statement of complainant Paramjeet Singh under Section 154 Cr.PC, wherein he stated that he is working at Steel Fabrication Unit at Sauli Khud. Aforesaid complainant further reported to the police that on the ill-fated day, he was riding on scooter (applied for) from Sauli Khud to Bindravani along with Mohan Singh (pillion rider). As per the complainant, when at 7:20 pm, he reached near petrol pump, a Maruti Car bearing No. HP-33-A-5111 came from Bindravani side in high speed and struck his scooter on the wrong side of the road, as a result of which, he along with pillion rider fell over the road and pillion rider sustained injury on his person. He further reported that accident occurred due to rash and negligent driving of the car driver. He also reported to the police that petitioner-accused Ajay Kumar took injured to the hospital for treatment. On the basis of aforesaid complaint, police registered formal FIR Ext.PW9/A under Sections 279 and 338 of the IPC. Police also got aforesaid injured medically examined at Zonal Hospital Mandi by Dr. S.R Kapoor, wherein he opined that both the injured sustained simple as well as grievous injuries. I.O. also prepared the spot map Ext.PW10/C and after recording the statements of witnesses under Section 161 Cr.PC presented the challan under Sections 279, 337 and 338 of the IPC against the accused person in the competent court of law.

(3.) Learned Judicial Magistrate Ist Class, Court No.3, Mandi, District Mandi, (HP), after satisfying itself that prima facie case exists against the accused put a notice of accusation, to which he pleaded not guilty and claimed trial. Learned trial Court on the basis of evidence adduced on record by the prosecution, found the accused guilty of having committed offence under the aforesaid Sections and accordingly, convicted and sentenced him as per description already given above.