KULDIP SINGH Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) KULDIP Singh was convicted by the Sub-Regist0rar Magistrate First Class, Jammu, under Sections 337 and 279, R. P. C. and was sentenced to three months' rigorous imprisonment with a fine of Rs. 100/-, in default of payment of fine to undergo further one month's simple imprisonment. On appeal the Additional Sessions Judge maintained the conviction of the accused Only under Section 337, R. P. C and reduced the sentence to two months rigorous imprisonment maintaining the fine. Against that order the accused has come up in revision to this Court.

(2.) ON 19th April 1961, the accused while driving vehicle No. J and K 6143 near the Residency Road Jammu knocked down one Sadhu Singh who received injuries on his head and other parts of the body. The injured person was taken to the hospital where he was given medical aid. The driver was arrested and was challaned under Sections 337 and 279, R. P. C. for rash and negligent driving and for causing hurt to a pedestrian. The accused was convicted and sentenced as stated above.

(3.) IT is argued on behalf of the petitioner that the conviction of the accused under Section 337, R. P. C. cannot be sustained inasmuch as the mandatory provisions of Section 242 of the Code of Criminal Procedure had not been complied with and further there was no reliable evidence On which conviction could be recorded against the accused. The learned Counsel for the petitioner submitted that the particulars of the offence were not explained to the accused and his admission was not recorded as nearly as possible in the words used by him as envisaged by Section 243 of the Code of Criminal Procedure. It appears that the charge sheet preferred by the Police before the trial Magistrate contained all the particulars of the offence alleged to have been committed by the accused As appears from the record the trial Magistrate read over the said charge sheet to the accused and asked him if be had any cause to show why he should not be convicted. The accused admitted his guilt and a plea of guilty was recorded by the Magistrate. The accused was convicted under Section 337, R. P. C. as stated above.