YUDHBIR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER is aggrieved by the judgment passed by Sessions Judge, Una in Criminal Appeal No. 16 of 1994 dated 6.7.1995, whereby conviction and sentence imposed upon him by Additional Chief Judicial Magistrate, Una, in case No. 126.II.1991 dated 23.4.1994 has been upheld. Petitioner was prosecuted under Sections 279 and 337 of the I.P.C. as well as under Section 192 of the Motor Vehicles Act.

(2.) ACCORDING to prosecution on 28.6.1991 PW Baldev Singh complainant was going from village Dehlan to Sanoli on his bicycle and his cousin Dilbagh Singh was sitting on the carrier of this bicycle. At about 9.45 p.m. when both these persons on bicycle were passing from in front of State Bank of Patiala at Mehatpur, a speeding car bearing registration No. PJI-6951 was coming from Nangal side and struck against their bicycle. This resulted in entangling of the cycle with the car in question resulting in the bicycle as well as both PWs Baldev Singh and Dilbagh Singh being dragged upto a distance of 25/30 feet. Further case of the prosecution is that the petitioner fled away from the scene of occurrence after leaving both injured persons on the spot. The accident was attributed to the rash and negligent driving on the part of the petitioner on a public highway endangering human life which resulted in causing hurt to the aforesaid two persons. It was also the case of the prosecution that the car in question which was being driven by the petitioner at the time of accident was being driven without light as well as on the wrong side of the road.

(3.) AFTER completion of the investigation, challan was filed in court and on being summoned, petitioner pleaded not guilty to the notice of accusation served upon him by the trial Court and claimed trial. After recording statements of nine PWs as well as of the petitioner under Section 313 Cr.P.C., trial Court was satisfied that the prosecution had been able to bring home the guilt against the petitioner under Sections 279 and 337 of the I.P.C. and convicted him accordingly. After hearing the petitioner on the quantum of sentence, trial Court sentenced the petitioner to undergo S.I. for two months as also to pay a fine of Rs. 500/-. In default of payment of fine, he was ordered to undergo S.I. for one month; similarly, under Section 337 I.P.C. he was sentenced to undergo S.I. for two months as also to pay a fine of Rs. 300/- and in default of payment of fine, the petitioner was required to further undergo S.I. for one month. While ordering that the sentences would run concurrently, it was also ordered that the fine if realised, shall be paid as compensation to the complainants Baldev Singh and Dilbagh Singh in equal shares, bicycle Ex.P-7 was ordered to be returned to Baldev Singh complainant. Petitioner was aggrieved by the judgment passed by the trial Court and thus he preferred an appeal which came for consideration before the learned District Judge below who vide judgment dated 6.7.1995 has dismissed the appeal and thus upheld the judgment passed by the trial Court. It is in the aforesaid background as well as facts that the present revision came to be filed in this court by the petitioner.