KISHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Kishan Singh petitioner has filed this revision petition against the order dated 10.10.2001 passed by learned Additional Sessions Judge No. 3 Udaipur in his Cr. Appeal No. 19/2001. By the impugned order the learned court below has upheld the order of conviction and sentence dated 31.3.2001 delivered by learned Additional Chief Judicial Magistrate No. 1, Udaipur. Both the courts below have convicted the present petitioner for an offences under Sections 279, 337 and 338 Penal Code and awarded him three months simple imprisonment on each count. Hence this revision.

(2.) The submissions of the learned counsel are that the occurrence took place at 8.30 P.M. on 2.7.1998 at power house, Debari. The jeep No. RJ-27-C-4549 was alleged to being driven rashly and negligently by the present petitioner at the time of accident resulting which PW1 Rooplal and PW2 Lokesh were injured who were going on TVS Moped No. RPJ-6430. The FIR was lodged immediately thereafter and the injured persons were examined in which Lokesh received three simple injuries out of them upon X- Ray fracture of medial part of right clavicle was found, therefore, one injury was grievous blunt and others were simple blunt. Rooplal received a lacerated wound on the region of scalp which upon C.T. Scan was found dangerous to life.

(3.) The Station House Officer submitted challan under the above offence against the petitioner and after denial of charges prosecution examined eight witnesses and exhibited 12 documents. In statement given under Sec. 313 Cr.RC. accused denied all the incriminating evidence appearing against him and pleaded false implication. Thereafter the learned trial court mainly relying on the testimony of PW1 Rooplal and PW2 Lokesh held the accused guilty of the above offences which was upheld by the appellate court below.