As per prosecution case, on 27.4.2012 at about 15:30 pm complainant Sundar was going to Sanwar Market in goods carrier bearing registration no. MP28 L 0528 09 which was being driven by the applicant.The vehicle was crowded with the passengers more than the existing capacity.Heard on IA No.835/2019 which is an application for grant of bail.However, during the course of arguments, learned counsel for the applicant submits that the applicant has completed sufficient period in custody, therefore, the revision may kindly be heard finally.With the consent of learned counsel for the parties, this revision petition is finally heard.This criminal revision has been filed by the applicant under Section 397/401 of Cr.P.C being aggrieved by judgment dated 21.12.2018 passed by 1st Additional Sessions Judge to 2 nd Additional Judge, Chhindwara in criminal appeal No.28/18 rejecting the appeal and confirming the judgment of conviction and order of sentence passed by the learned JMFC, Chhindwara in criminal case no. 2752/12 whereby the applicant has been convicted for the offence under Sections 337 (24 counts) and 338 (2 counts) of the I.P.C and sentenced to pay fine of Rs.200/- (24 counts) and undergo R.I for 6 months with fine of Rs.100/- (2 counts) respectively with default stipulations.The applicant being driver of the vehicle drove the vehicle rashly and negligently.Resultantly, the vehicle got turned turtle, because of which, the passengers sustained injuries including the complainant.The matter was reported to the Police Station Lavaghoghari, District Chhindwara where FIR was registered at Crime No. 75/12 for the offences under Sections 279, 337 & 338 of the IPC.The matter was taken into investigation and after completing all due formalities, challan was filed before the court concerned.Learned trial court framed the charges for the offence under Sections 279, 337 and 338 of the IPC.However, learned trial court on appreciation of evidence on record, convicted and sentenced the applicant as mentioned earlier.Being aggrieved thereby, the applicant preferred a criminal appeal bearing no. 28/18 before the appellate court which was also dismissed.Hence this revision.She has not narrated any other injury on her person.While Dr. Shikhar Surana (PW-9) has stated that on 30.4.2012 he took x-ray of right shoulder of Sanarwati and found fracture of clavicle bone and fractures on 2nd, 3rd, 4th,, 5th and 6th ribs.Similarly, another injured Ramdas (PW-6) has stated that in the incident bone of his hand was broken and Dr. Shikhar Surana (PW-9) has stated that on 27.7.2012 after x-ray examination he found fracture of radius bone of Ramdas (PW-6) but he has not disclosed duration of the aforesaid bone injury.However, he has stated that there was no callus present.It means the bony injury was fresh injury while x-ray was taken after four months.Hence, it cannot be said that the aforesaid bony injury was caused at the time of incident.Therefore, the finding of both the courts below being a pervert require interference of this court.In the aforesaid circumstances, the conviction and sentence of the applicant be modified.In view of this court, the contention of learned counsel for the applicant has substance.

Cited provisions: Section 337 in The Indian Penal Code; Section 338 in The Indian Penal Code; Section 279 in The Indian Penal Code