JUDGMENT:

The appeal is filed by the appellant/Accused aggrieved by the conviction recorded by the V Additional Metropolitan Sessions Judge-cum-XIX Additional Chief Judge at Hyderabad, in SC.No.29 of 2013, dated 29.08.2019, for the offence under Section 353 of the Indian Penal Code and Sections 181, 184(b) and 196 of Motor Vehicles Act and sentenced to undergo Rigorous Imprisonment for a period of six months and to pay fine of Rs.500/- for the offence under Section 353 of IPC; to pay fine of Rs.100/- for each of the offences under Sections 181, 184 and 196 of M.V.Act.

2. Heard Sri K.Siddharth Reddy, learned counsel for the appellant and learned Assistant Public Prosecutor for the Respondent State.

3. Briefly the case of the prosecution is that on 04.08.2011 at about 14.00 hours, PWs.1 to PW.4 who are Police personnel, were on PDA duty at old Chandrayangutta. PW.1 stopped the vehicle of the accused i.e. Esteem Car bearing No.AP 09C 3536 which was coming from MBNR X roads to Hafeez Baba Nagar, for checking. The accused stopped the car but suddenly picked up speed and drove in rash and negligent manner. Appellant hit the left leg of PW.1 and as a result, PW.1 fell on the bonnet of the car and the appellant drove the car which PW.1 was on the bonnet for about 1 k.m. Then, PWs.2 to 4 chased the car and stopped the vehicle. They caught hold of the accused and handed over him to the Rakshaka vehicle police i.e. PW.7 and his staff. PW.1 was sent to OGH for treatment. PW.6 the Doctor examined PW.1 and issued wound certificate under Ex.P3.

After that PW.1 gave complaint Ex.P1 in the police station.

4. On the basis of the complaint-Ex.P1, the case was initially registered under Section 332 of the Indian Penal Code, however, after investigation was concluded charge sheet was filed under Sections 307 and 332 of the Indian Penal Code and Sections 181, 184-B and 196 of the M.V.Act. Charges were framed for the said offences by the learned Sessions Judge.

5. The learned Sessions Judge examined PWs.1 to 8 and marked Exs.P1 to P6. PW.1 is the person who was injured. PWs.1, 2 to 4 stated about the rash driving of the appellant resulting in PW.1 receiving injuries and thereafter PWs.2 to 4 chasing the car of the appellant, stopping him and handing him over to the concerned Police.

6. Learned Counsel for the appellant would submit that no charge was framed under Section 353 of the Indian Penal Code. As such, the conviction is not proper.

7. Having framed the charge under Section 332 of IPC, the appellant was convicted under Section 353 of IPC.

8. The charge under Section 353 of IPC reads;

“Secondly:

That you on the same day, time and place mentioned in the first count voluntarily caused hurt to M.A.Waheed Khan, H.G.2008 of Traffic Police Station, Falaknuma, Hyderabad, while he was discharging his duties at Chandrayangutta X roads, Hyderabad as such public servant and thereby committed an offence punishable under Section 332 IPC and within my cognizance.”

9. Section 332 of Indian Penal Code read as under;

“332. Voluntarily causing hurt to deter public servant from his duty.—Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

10. Sections 353 of Indian Penal Code read as under;

“ 353. Assault or criminal force to deter public servant from discharge of his duty.—Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything