MOHAN KUMHAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Navneet Sahay, learned counsel appearing for the petitioner and Mr. A. K. Pandey, learned A.P.P. for the State.

(2.) This application is directed against the judgment, dated 7-5-2002 passed by the learned 1st Additional Sessions Judge, Seraikella in Cri. Appeal No. 7C of 1999, whereby and whereunder the judgment of conviction passed by the learned Judicial Magistrate, 1st Class, Seraikella in S.R. Case No. 523 of 1997 (T.R. No. 147 of 1999) by which the petitioner has been convicted for the offence punishable u/Ss. 279 and 337 of the Indian Penal Code has been affirmed while modifying the sentence imposed upon the petitioner by directing the petitioner to pay a fine of Rs. 1000/-.

(3.) It appears that a First Information Report was instituted on the allegation that while the son of the Informant who was aged about 13 years was sitting besides the Jamdih-Gunda Road in the left side the petitioner driving the scooter rashly and negligently dashed against the son of the informant causing him certain injuries. It is also alleged that on an alarm raised by the victim the petitioner was apprehended by the other witnesses. After investigation resulted in submission of charge sheet cognizance was taken u/Ss. 279 and 337 of the Indian Penal Code and after framing of charge trial proceeded against the petitioner. In course of trial since the prosecution has been able to prove its case beyond all reasonable doubt the learned Judicial Magistrate, 1st Class, Seraikella vide judgment, dated 15-2-1999 was pleased to convict the petitioner for the offences punishable u/Ss. 279 and 337 of the Indian Penal Code and sentenced him to undergo R.I. for three months u/S. 279 of the IPC and R.I. for three months u/S. 337 of the IPC.