AMRIK SINGH Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) In the instant Criminal Revision, petitioner inter alia seeks quashment of judgment dated 23.05.2002 passed by the learned Judicial Magistrate 1st Class Ramnagar convicting the petitioner for one and half years simple imprisonment and a fine of Rs. 3000/- under Section 304-A, 279, 337, 338 RPC read with Section 66/192 of the Motor Vehicles Act as well as the judgment dated 09.04.2003 passed by the learned Sessions Judge, Udhampur upholding the judgment of learned Judicial Magistrate 1st Class Ramnagar dated 23.05.2002.

(2.) In the petition, it is stated that the petitioner has been convicted under Sections 304-A, 279, 337, 338 RPC read with Section 66/192 of the Motor Vehicles Act for a simple imprisonment of one and half years and to pay a fine of Rs. 3000/- vide judgment dated 23.05.2002 passed by the learned Judicial Magistrate 1st Class Ramnagar in a criminal file No.31, on the basis of a charge sheet presented by Officer Incharge Police Station Ramnagar in FIR No.78/1999. It is further stated that the prosecution had examined witnesses after the petitioner pleaded not guilty, the petitioner has not examined any witnesses in defence and the trial Court convicted the petitioner. Aggrieved of the said order, the petitioner filed an appeal before the learned Sessions Judge Udhampur, which was also dismissed on 09.04.2003. The petitioner challenges both the judgments and prays for setting aside the same and the petitioner be acquitted on the following grounds:-

(3.) Vide order dated 01.05.2003, the instant petition was admitted, notice was issued, operation of impugned sentence was suspended and the accused-petitioner was directed to be released on bail provided he furnishes a bail bond in the amount of Rs. 10,000/-. On 01.12.2007, order dated 01.05.2003 admitting the petitioner to bail and for suspension of his sentence, was withdrawn. Thereafter, on 16.10.2008, the petitioner was again admitted on bail on the same conditions as has been mentioned vide order dated 01.05.2003.