STATE OF H.P. Vs. AMARJEET SINGH

JUDGEMENT

(1.) THE present appeal arises out of judgment dated 3rd May, 2000 passed by Sessions Judge, Kinnaur, HP in Criminal appeal No. 4 of 1999, titled as Amarjeet Singh vs. State, reversing the judgment passed by Sub Divisional Judicial Magistrate, Rampur Bushahr in Case No. 11-2 of 1997, titled as State of HP vs. Amarjeet Singh.

(2.) BEFORE the Sub Divisional Judicial Magistrate, accused was charged for an offence under Section 279, 337, IPC. He was convicted of an offence under Section 279, IPC and sentenced to undergo simple imprisonment for 3 months and pay a fine of Rs.1000/-. In an appeal filed by the accused, the first Appellate Court set aside the conviction and sentence and acquitted the accused of an offence under Section 279, IPC. Statement of Sh. Hira Singh (PW-1), under Section 154 Cr.P.C. (PW-1/A) was recorded by the official Incharge at Police Station Rampur Bushahr to the effect that his tractor was hit on the back side by the accused while rashly and negligently driving vehicle bearing No. CH-01-J- 1649. Thus damaging his vehicle and also causing injury to him. Based on the same FIR (Ext.PW-7/A) was registered against the accused at Police Station, Rampur Bushahr, under Sections 279, 337, IPC.

(3.) AFTER complying with the provisions of Section 207, Cr.P.C. the accused was charged for an offence under Sections 279, 337, IPC to which he did not plead guilty and claimed trial.