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Showing contexts for: section 338 ipc in (South-West) vs Sh. Rakesh Kumar on 11 August, 2015Matching Fragments
State v. Rakesh II. Charge under Section 338 of the I.P.C.
23. For bringing home the guilt of the accused in respect of the charge under Section 338 of the I.P.C., the prosecution was required to prove that (1) grievous hurt had been caused to the injured Ravinder @ Ravi and Sandeep and (2) the same was caused by the accused by doing an act so rashly or negligently as to endanger human life, or the personal safety of others.
24. As per the prosecution, both PW-2 Sh. Ravinder and PW-3 Sh. Sandeep had sustained grievous hurt as a result of the accident in question. PW-2 Sh. Ravinder and PW-3 Sh. Sandeep deposed that they had sustained injuries consequent to the accident in question and that they were taken to RTRM hospital. The prosecution has examined PW-5 Dr. S. Das, Medical Officer, RTRM hospital, who deposed that he had examined injured Sandeep and Ravi vide MLC No. 1980/08 (Ex.PW5/A) and MLC No. 1981/08 (Ex.PW5/B) respectively and that the nature of injuries on both the MLCs was grievous. The said witness was not cross-examined on behalf of the accused despite opportunity having been granted. Thus, his testimony remains unchallenged. As per their respective MLCs Ex.PW5/A and Ex.PW5/B, the patients Sh. Sandeep and Sh. Ravi had been advised X-ray of their right thighs. As per the MLC Ex.PW5/B of injured Sh. Ravi, there was a fracture in his right femur. Further, the doctor has therein opined the nature of the injuries of the accused persons to be "grievous". The said MLCs of the injured persons stand proved by the doctor PW-5, whose testimony is unrebutted. Thus, the fact that grievous hurt had been caused to the injured Ravinder @ Ravi and Sandeep stands proved beyond State v. Rakesh reasonable doubt.
26. It, therefore, stands established by the prosecution that grievous hurt had been caused to the injured Ravinder @ Ravi and Sandeep due to the rash and negligent act of the accused. The accused is, accordingly, held guilty for the offence punishable under Section 338 I.P.C.
CONCLUSION
27. Accordingly, the accused is convicted for the offences punishable under Section 279 I.P.C. as well as Section 338 I.P.C.
28. Personal bond under Section 437A Cr.P.C. furnished by the accused has been provisionally accepted with a direction to furnish surety bond by the next date of hearing.
Police Station : Chhawla Under Section : 279/338 IPC Unique Case ID Number: 02405R0096442012 Judgment pronounced on : 31.07.2015 Arguments on sentence heard on : 07.08.2015 Order on sentence passed on : 11.08.2015 ORDER ON SENTENCE
1. Vide judgment announced in the open court on 31.07.2015, accused Rakesh had been convicted for the offences punishable under Section 279 IPC as well as Section 338 IPC in case FIR No.18/2008 police station Chhawla.
7. Accordingly, keeping in view all the relevant circumstances, the convict is sentenced to undergo imprisonment till the rising of the Court for the offence punishable U/s 279 IPC and to pay compensation of Rs.3,500/- each to the injured persons as provided under Section 357 Cr. P. C., for the offence punishable U/s 338 IPC. In default of payment of compensation amount, the convict shall undergo simple imprisonment for a period of seven (7) days.
8. Copy of this order be supplied free of cost to the convict.