VIJAY KUMAR Vs. STATE OF HP

JUDGEMENT

(1.) This revision petition has been filed against the judgment passed by learned Additional Sessions Judge -I, Kangra at Dharamshala dated 19.12.2015 in Cr. Appeal No. 36 - D/X/14/2011, confirming judgment dated 2.9.2011 passed by the Court of learned Judicial Magistrate 1st Class (II), Kangra, District Kangra, HP in Cr. Case No. 16 -II/2004 vide which judgment the accused has been convicted for offences punishable under Sections 279 and 338 IPC and has been sentenced to undergo simple imprisonment of one month for offence punishable under Section 279 IPC and fine of Rs. 500/ - and in default of payment of fine to further undergo simple imprisonment for 15 days and also to undergo simple imprisonment for three months for offence punishable under Section 338 IPC with fine of Rs. 1000/ - and in default of payment of fine to further undergo simple imprisonment for 15 days.

(2.) The case of the prosecution was that on 29.9.2003 at around 11:10 a.m., Varinder Kumar, (hereinafter to be referred as 'complainant'), was going on his scooter bearing registration No. HP -39A -3255 towards Ichhi and Vijay Kumar son of Pritam Chand was the pillion rider along with him. Vijay Kumar son of Onkar Chand ('accused'), came at high speed in Maruti Car No. HR -0IL -1515 from New Bus Stand, Kangra and rammed the said car into the scooter being driven by complainant. Accused was driving the Maruti Zen Car on the wrong side of the road. The accident took place on account of rash and negligent driving of the accused and as a result of the said accident, the pillion rider sustained injury and was taken to the hospital. Statement of complainant was recorded under Section 154 Cr.P.C., on the basis of which, FIR was registered.

(3.) After the completion of investigation, as sufficient material was found against the accused, he was asked to face trial for the abovementioned offences. Notice of accusation for offences punishable under Sections 279,337 and 338 IPC were put to the accused, to which he pleaded not guilty and claimed trial.