JUDGMENT :

1. Heard Mr. Randhir Kumar, learned counsel appearing on behalf of the petitioner.

2. Heard Mr. Bishwambhar Shastri, learned counsel appearing on behalf of opposite party-State.

3. This criminal revision application is directed against the judgment dated 06.12.2008 passed in Cr. Appeal No. 24 of 2008 by the learned District & Sessions Judge, Latehar, whereby the appeal filed by the petitioner has been dismissed. The petitioner was convicted and sentenced vide judgment dated 01.07.2008 passed in G.R. Case No. 87/2003 by the learned Additional Chief Judicial Magistrate, Latehar for offence under Sections 279 and 337 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for six months with fine of Rs. 500/- each under the same sections and in default of payment of fine, he was further directed to undergo simple imprisonment for a period of 15 days each. The sentences were directed to run concurrently.

Arguments of the petitioner

4. Learned counsel for the petitioner, while advancing his argument, has submitted that the petitioner who was said to be the driver of the offending vehicle i.e., Commander Jeep was not apprehended on the spot. He also submitt