HEMLAL PANDIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The convict, who suffered the sentence of RI for three months and fine of Rs.500.00 under sec. 279 of the Indian Penal Code and RI for one year with fine of Rs.500.00 under sec. 338 of the Indian Penal Code, with a default stipulation to undergo SI for further one month in case the fine amount of Rs.1,000.00 for both the offences, is the petitioner before this Court.

(2.) Koderma (Telaiya) PS Case No. 85 of 2005 was lodged on the basis of the fardbeyan of Kishundeo Mandal recorded on 17/2/2005. The informant alleged that Hemlal Pandit who was driving Marshal vehicle No. JH-12A-5838 rashly and negligently caused serious head and leg injuries to Pappu Kumar who was leaving for school at that time. After the investigation a charge-sheet was submitted for the offence under Sec. 279, 337 and 338 of the Indian Penal Code and substance of accusation was explained to the petitioner on 21/1/2006.

(3.) Six witnesses were examined by the prosecution to prove the aforesaid charges out of whom PW3 is the informant of this case. The other witnesses including mother of the victim boy also claimed that they saw the incident in which Pappu Kumar @ Chhotu was grievously injured by a Marshal vehicle driven by the petitioner.