C A V ORDER

1. Applicant has filed this revision petition challenging the legality, propriety and correctness of the impugned judgment dated 05.03.2016, passed in Criminal Appeal No.02/2016, by which learned Additional Sessions Judge, Pratappur, District – Surajpur (C.G.) has maintained the judgment of conviction and order of sentence dated 11.12.2015, passed in Criminal Case No.730/2011, by the Court of Judicial Magistrate First Class, Pratappur, District – Surajpur convicting the applicant for the offence punishable U/s. 338 of the I.P.C. and sentencing him to undergo R.I. for 6 months and fine of Rs.300/- with default stipulation.

2. Case of the prosecution in brief is that a report was lodged by complainant – Suraj Navik alleging that on 02.10.2010, he was coming from village Davankara to his house Kadampara, Pratappur along with his relative Ashok Navik in motor cycle, when they reached near village Khorma, Tendupatta Godam, applicant, who was driving the Discover Motor Cycle bearing registration No.C.G.-15-CA-9950 rashly and negligently dashed them, as a consequence of which, complainant and Ashok Navik sustained grievous injuries. On the complaint made by complainant, FIR (Ex.