MOHAMMAD SHAFFI Vs. STATE OF H P

JUDGEMENT

(1.) This Revision Petition is directed against the judgment dated 9.9.2002 passed by the learned Sessions Judge, Shimla. By the impugned judgment the learned Sessions Judge dismissed the appeal filed by the accused on merits but reduced the sentence to 3 months. He modified the judgment of the learned trial Court whereby the accused had been convicted for committing offences punishable under Sections 279, 337 and 338 IPC and was sentenced to undergo simple imprisonment for a term of three months for the offence punishable under Section 279 IPC, to undergo rigorous imprisonment for a term of four months for the offence punishable under Section 337 IPC and to suffer rigorous imprisonment for a term of six months for the offence punishable under Section 338 IPC. All the sentences were ordered to run concurrently.

(2.) The prosecution case is that on 6.2.1999 at about 4 p.m. the accused Mohd. Shaffi was driving Maruti car bearing registration No. HP-02-1323 near the main bus stand, Shimla. According to the prosecution the accused was driving the said vehicle in a rash and negligent manner and thereby caused grievous hurt to the complainant PW-3 Dharam Singh and simple hurt to PW-1 Shanti Devi. After the incident the injured were treated at DDU, Hospital at Shimla and the statement of PW-3 was recorded under Section 154 Cr.P.C. On the basis of this statement FIR Ext.PW-8/A was recorded at Police Station, Sadar, Shimla.

(3.) In the complaint, the version of PW-3 Dharam Singh is that he along with his wife were coming from Lady-Reading hospital and were walking towards the bus stand. When he was only at a short distance from the bus stand a maruti van bearing No. HP-02-1323 came from behind at a high speed and dashed against him. He was hit on his right hand side. As a result of the vehicle striking him he fell down and thereafter the said vehicle hit one woman Shanti Devi who was ahead of him. The statement of PW-3 was recorded by PW-7 Sant Ram. According to Sant Ram they had received telephonic information that the driver of the maruti van had struck his vehicle against one man and one woman. They had been informed that the said persons had been taken to hospital and therefore he along with other police officials reached the DDU hospital where both the injured persons were got treated.