INDER SINGH Vs. STATE

JUDGEMENT

(1.) THIS criminal revision is directed against the judgment and order of the learned Sessions Judge, Udhampur dated 21.1.1976 where by he has dismissed the appeal of the petitioner against his conviction for the offence under Section 338 RPC and under Section 117 of the Motor Vehicles Act, and confirmed the said conviction and also the sentence imposed upon him thereunder, by the learned Chief Judicial Magistrate Udhampur.

(2.) THE perusal of record shows, that ASI Traffic, Shri Trikha in the course of his official duty was sitting in a chair under the shade of a mango tree at Jakhani on the National Highway and was checking the documents of truck No. 9584/JK. The driver and the cleaner of the said truck were standing before him. The Jeep No. 2537/DLI was also standing there in a stranded (?) due to some mechanical defect. In the meanwhile, the petitioner/accused while driving truck No. 9947/JK struck the stranded Jeep which in turn struck Mr. Trikha injuring him grievously as also injuring the driver and the cleaner of truck No. 9584/JK.

(3.) AT the conclusion of the trial, the petitioner was convicted for the offence under Sections 279, 337, 338 RPC and under Section 117 Motor Vehicles Act and sentenced to various terms of imprisonment and fine. He filed an appeal against the said order of conviction and sentence. The learned Sessions Judge maintained his conviction and sentence for the offence under Section 338 RPC and 117 Motor Vehicles Act. He was, however, acquitted by him in the remaining charges. Having felt aggrieved of the said order of the learned Sessions judge, maintaining his conviction and sentence for the offence under Section 338 RPC and under Section 117 Motor Vehicles Act, he filed this revision.