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Showing contexts for: IPC 427 in Jitender Kumar vs . P.K. Sujathan & Anr. on 28 July, 2014Matching Fragments
3. An FIR No.115/2011under Section 279/338/427 IPC, PSSector 39 Noida was registered. During investigation police recorded the statement of injured, prepared the site plan of the place of occurrence, collected MLC, seized offending car, conducted its mechanical inspection, arrested respondent no.1 driver. On completion of investigation found respondent no.1 driver accused of rash and negligent driving, hence chargesheeted him for the commission of offence u/s 279/338/427 IPC.
8. After hearing arguments and considering the material on record, my issue wise findings are as follows: Issue no. 1 (Negligence)
9. Petitioner PW1 in his affidavit of evidence (Ex. PW1/A) categorically stated that on 25.03.2011 at around 01.30pm, petitioner driving his motorcycle when crossed RTO Checkpost Noida then offending car driven by R1 in rash and negligent manner hit the motorcycle of the petitioner due to which he suffered grievous injuries. Nothing came in cross examination to disbelieve his version. His version is duly corroborated by police investigation. Police during investigation also found respondent no.1 accused of rash and negligent driving Jitender kumar Vs. P.K. Sujathan & anr.. suit no.708/11 (Pg 3 of 8) hence chargesheet him for commission of offence u/s 279/338/427 IPC. No evidence to the contrary led by driver cum owner.