AMOLAK SINGH Vs. SHAMI KANT

JUDGEMENT

(1.) THE respondent is alleged to be responsible for causing the accident on 27.11.1987 resulting in multiple injuries to the petitioner. After investigation the respondent was prima facie found to be guilty of offences punishable under sections 279/338 R.P.C. and the challan presented against him in the Court of Munsiff, Judicial Magistrate, Ist Class (Sub-Registrar) Jammu on 16.3.1988. Substance of the accusation were stated to the accused and he was asked if he had any cause to show as to why he should not be convicted. In reply the respondent pleaded guilty and confessed in terms of Section 242 Cr.P.C. The learned trial Magistrate thereafter convicted the respondent under section 279 R.P.C. and sentenced him to a fine of Rs. 250/-. He was also convicted under section 337 R. P. C. and sentenced to further fine of Rs. 250/-. It was directed that in case of default of the payment of fine, the respondents shall undergo simple imprisonment for 15 days for either offence. Aggrieved by the order of the trial Magistrate, the complainant has filed this petition praying for enhancement of the sentence for the commission of offence punishable under sections 279 and 337 R.P.C.

(2.) DESPITE notice and proper service the respondent has chosen not to appear in the court to contest this petition.

(3.) FROM the record it appears that after receiving the injuries the complainant was not in a position to make the statement till 7.12.1987. The concerned police was informed that the complainant had received head injury and was admitted to E-OPD(S) on 7.12.1987 at 4.30 A. M. The Medical Officer appears to have reported on 27.11.1987, 28 11.1987 and 15.12.1987 that the patient was not fit to give the statement. The report of the Radiology department attached with the challan showed that A/P view was noticed in the skull of the complainant but no bone injury was detected in his right ankle and right fore-arm. The learned counsel for the petitioner has placed on record certificate issued by Dr. Dara Singh Lecturer Orthopaedies who opined even after one year that the complainant's case was that of Brachial Plexin injury who has got weakness in his shoulder and elbow with complete loss of abduction at shoulder and flexion at the elbow. It was further certified that his estimated disability was to the tune of 40% of upper limbs functional capacity. A certificate issued by the department of Neurosurgery, All India Institute of Medical Sciences, New Delhi, reveals that complainant was diagnosed of root and trunk branchial plexus injury. Discharge summary produced shows that the complainant was alleged to have sustained injuries on 27.11.1987 at Jammu and had lost conscience for four days. He was advised treatment on his discharge as is detailed in the said certificate. Dr. P. S. Panthania, Registrar S. Unit,. IV SMGS Hospital, Jammu has certified that the complainant was admitted in the SMGS, Hospital Jammu on 27.11.1987 as a case of head injury alongwith other injuries with Hemipenasis under Cr. No. 215257, MLC-3263 and was referred to Neurosurgical Centre on 6.11.1987. The punishment provided for the commission of offence punishable under section 279 RPC is six months or with fine which may extend to Rs. 1000/- or with both and for offence under section 337 RPC six months or with fine extending to Rs. 500/- or with both.