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TAMIL NADU NATIONAL LAW SCHOOL, TIRUCHIRAPALLI

TAMIL NADU, INDIA


I YEAR II SEMESTER B.A. LL.B. (Hons.) DEGREE COURSE

PAPER-I

ENGLISH-II

CODE-HAAA

Name of the Supervisor: - DR. GDharmraja

Submitted by: - TANANJAY PARMAR


Registration no. : - BAO15OO48
TAMIL NADU NATIONAL LAW SCHOOL, TIRUCHIRAPALLI
TAMIL NADU, INDIA
EMAIL: - tanuparmar1997.tp@gmail.com
CELL: - 9789325931

INDEX

S. NO. TOPICS
1.
ABSTRACT
2.
COMPLAINT FILLED UNDER SECTION OF 279, 337, 338 OF
IPC
3.
CASE MOVEMENT
4.
MAP OF ACCIDENT PLACE
5.
LIST OF WITNESSES
6.
COPY OF CHARGE SHEET
7.
COPY OF FIR
8.
COPY OF CRIME DETAIL FORM
10.
COPY OF TESTIMONY OF RJAKUMAR BHOJNE
(COMPLAINANT)
11.
COPY OF TESTIMONY OF NISIKANT BHOJNE
12.
COPY OF TESTIMONY OF MINAL BHOJNE
13.
COPY OF TESTIMONY OF GAJENDRA SINGH
14.
COPY OF NOTICE OF SEIZED VEHICLE
15.
COPY OF NOTICE SENT TO KHIM SINGH (ACCUSED)
16.
COPY OF CONFESSION MADE BY ACCUSED
17.
COPY OF NOTICE SENT TO MOHAN SINGH (OWNER OF
TEMPO)
18.
COPY OF MEDICAL REPORT OF RJAKUMAR BHOJNE
(COMPLIANANT)
19.
COPY OF MEDICAL REPORT OF NISIKANT BHOJNE
20.
COPY OF MEDICAL REPORT OF MINAL BHOJNE
21.
COPY OF MEDICAL REPORT OF DHANSHREE BHOJNE
22.
COPY OF DRIVING LICENESE OF RJAKUMAR BHOJNE
(COMPLIANANT)
23.
COPY OF INSURANCE CERTIFICATE OF RJAKUMAR
BHOJNES CAR
24.
COPY OF DRIVING LICENESE OF KHIM SINGH (ACCUSED)
25.
COPY OF R/C OF TEMPO
26.
COPY OF INSURANCE CERTIFICATE OF TEMPO

ABSTRACT

The case no. 163/15 of case files against Khim Singh S/O Mang Singh Ravna Rajput by
Gajendra Singh on the behalf of Rajkumar Bhojne in Ahore Police Station. The case was file
under section 279,337,338 of Indian Penal Code (IPC). According to FIR, when complainant
was going to Ahore and he drove his motorcycle behind car of Rajkumar Bhojne who is the
complainant in this case. Complainant resides at minakshi nagar plot no.32 amrawati
Maharashtra Hal Vaterinari Doctor, Ahore and his aged is 46 year. Complainant was going to
ahore with his family members on 31 December, 2014. Suddenly, a mini-loading tempo come
from opposite site and strike to complainants car. Due to rash driving of driver, this accident
happened. In this incident, whole family of complainant has injured and first all family
members of complainant admitted to local hospital, and then they had been admitted to
Jodhpur hospital. Now, complainant seeks justice in court of law and humbly requests that
my client get an appropriate compensation from accused.

IN THE ACJM1 COURT OF JURIDICATURE AT JALORE


W.P.No.

of 2016

.
STATE OF RAJASTHAN

.. Complainant

Vs.
KHIM SINGH

accused

s/o MANG SINGH RAVNA RAJPUT


BHENSWARA
AFFIDAVIT FILED BY THE COMPLAINANT
I, Rajkumar Bhojne son of Vinayk Bhojne, Indian, aged 46years, residing at minakshi
nagar plot no.32 amrawati Maharashtra Hal Vetenary Hospital, Ahore and worked as
doctor, do hereby solemnly affirm and sincerely state as follows :1. I am the complainant herein and as such I am well acquainted with the fact of this
case.
2. I submit that I am a Doctor at Vetenary Hospital, Ahore. Also I reside in ahore along
with my whole family. In my family, there are four members likewise me, my wife
named as Minal Bhojne , my son named as Nishi Kant Bhojne and my daughter
named as Dhanshree.
3. I submit that on 31-12-2015, I was going to ahore along with me whole family from
sumerpur in my car. During this journey, I drove the car maruti 800 model of 2005,
car no. RJ16 CA 0012 and my wife set beside me and my son and daughter were set
on the back of car. We all were reached at gangava mode at 2.30PM in the noon then,
suddenly mini loding tempo of Ashok lyland, vehicle no. RJ16 GA 3731 came from
opposite side and strike with my car. This accident happens, due to rash driving of
driver of mini loding tempo named as Khim Singh son of Mang Singh Ravna Rajput,
aged 48years, residing at Benswara, Ahore. In this accident my whole is injured.
4. I submit that at the time of accident my colleague named as Gajendra Sindg Son of
Ganga Singh Rajput, aged 41years, residing at Indica, sursagar lake, Jodhpur but in
present days he is posted as Compounder at Vetenary Hospital, Ahore, was coming

from thaktgad. There is only one road for Sumerpur and Thaktgad from Ahore. It
happens just by luck that he also reached at gangava mode at 2.30PM in the noon and
he drove his motorcycle behind my car. When the accident happens, he called the
Ambulance 108 and admitted us to Government Hospital, Ahore then he called at
Police Station, Ahore and filled FIR on the behalf of me against driver of mini loding
tempo under section 279,337,338 of Indian Penal Code (IPC). He gave all information
to police about accident because I am not in condition that gives the information to
5.

police.
I submit that after accident happens, first we were admitted to Government Hospital,
Ahore then after we were also admitted at sumerpur Hospital but we cannot get
appropriate treatment at both places so my parents admitted us to Life Line Multi

Specialist Hospital, Jodhpur.


6. I submit that after the information given to police then police will reach at accident
place and start their investigation. Police took both the vehicle to custody for
mechanical investigation. They also send a notice under section 134 of Motor Vehicle
Act to driver who drove the tempo at the time of accident and also send notice to
Mohan Singh (owner of tempo), residing at benswara, ahore, under section 134 of
Motor Vehicle Act that his tempo is in the police custody.
GROUNDS
a. The above mention all the facts are true and these facts are too much worthy to decide the
judgment of case.
b. The accused also give the testimony to that at the time of accident, he was driving this
mini loding tempo and also confessed that at the time of accident he did not give mini
loading tempo to anyone.
c. There might be chance that any person who set in the car at time of accident become
disables. Due to any type of disability, it future becomes blind.
d. In this accident, head of family is injured mostly and in their family, they have only one
family member who do work and get money for surviving his whole family. Without
money no one can fill its economic desire. They have only one earning source form
where they get economic.
e. Due to these types of people who drive freely and rashly on road and they also do not
take care of people who walk or drive vehicle on the road.
f. It is clearly shown in the map which designed by police at the time of investigation that
the complainant drove his car on left side of road and it is correct according to traffic rule
but the mini loding tempo came from opposite in high speed and driver of tempo also

drove tempo on wrong side of road, therefore this accident happen due to the fault of
driver of mini loding tempo.
g. The complainant humbly submits that due to accident, he get a facture at the side of
pelvis and facture in the fore arm of right hand. Doctor opinion about this injury is that
these injuries are grievous in nature. These above mention injury are of only of head of
family member, not of whole family. Complainants family members also get some
factures and injuries. Complainant belongs to middle class family and no one in his
family who do able to work and get money for surviving their life. So the complainant
humbly request to honorable judge that to look into this issue and will give the judgment
as much as fast.
7. I submit that in view of my medical report, I am mot able to work and also no one in
my family who take the responsibility of all other family members. Doctor also says
that in medical report that the injury to complainant and to his family members are
very grievous in nature and also says that to me and to my all family members that we
all need complete bed rest for some months. So I humbly request to honorable judge
that provide me and my family an appropriate compensation from accused in which
accused give us all medical expenditure, also give me all expenditure for repairing my
car and also pays damages for what I lose in accident. I have one more request to
honorable judge that bond accused to pay punitive damage to court or traffic police
because accused do not do this similar thing in future.
In the above circumstance, I humbly pray that this Honble court may be pleased to
provide me appropriate compensation from accused or other orders as this Honble
court may deem fit and proper in the facts and circumstances of this case and thus
render justice.
Before me
Solemnly affirmed
At Ahore and signed his name
In my presence, on this the 25th of
January 2016
Advocate, Jalore(Raj.)

CASE MOVEMENT
1. FIR filed by Gajendra Singh on the Behalf of Dr. Rajkumar Bhojne in
Ahore Police Station dated 31 December, 2014. (copy attached)
2. Police investigate the accident place on 02 January 2015.

3. Testimony of all the victims taken on 02 January 2015. (copy attached)


4. Both vehicle Maruti 800(RJ 16 CA 0012) and Ashok Lyland mini loding
tempo (RJ 16 GA 3731) was seized by Police and placed in police custody.
(copy attached)
5. Notice was sent to Mohan Singh (owner of tempo) that his tempo has
seized was police dated 04 January, 2015. (copy attached)
6. Notice was sent to Khim Singh that tempo was in his custody on 31
December, 2014 dated 04 January, 2015. (copy attached)
7. Confession made by Khim Singh that he drove this tempo (RJ 16 GA
3731) at the time of accident dated 04 January, 2015. (copy attached)
8. Charge sheet was presented in ACJM 1 Court, Jalore dated 31 January
2015. (copy attached)
9. Judgment pending.

MAP OF ACCIDENT PLACE


N
W
WASTE LAND

A
D
AHORE

X
C

25 FOOT

SUMERPUR
WASTE LAND

INDEX OF MAP
1.
2.
3.
4.
5.
6.

From B to A is a way to Ahore.


From A to B is a way to Sumerper and Takthga.
X represents the place of accident.
C represent car of complainant placed after accident at the left side of road.
D represent mini loding tempo of accused placed after accident at the right side of road.
Both side of road is waste land.

LIST OF WITNESSES

S.

Name

Address

Work Done

PW No.

.
1.

Mahendra Kumar CON

Police station, Ahore

Seen accident

PW1

2.
3.

NO767
Gajendra Singh
Mangi Lal

Guda Balotan
Guda Balotan

place
Filled FIR
Seen accident

PW2
PW3

4.

Dr. Rajkumar Bhojne

minakshi nagar plot

No

place
PW4

no.32 amrawati
Maharashtra Hal
Vetenary Hospital,
Ahore

5.

Minal Bhojne

Same as above

PW5

6.
7.

Nishikhant Bhojne
Mohan Singh

Same as above
Bhenswara Police

_
_

PW6
PW7

8.

Mohan Singh

Station, Ahore
MO CHC Ahore

Check medical

PW8

9.

Mangi Lal CON

Police Station, Ahore

PW9

10.
11.

DRIVER NO 52
Ram Narayan SI
Babu Lal SHO

Police Station, Ahore


Police Station, Ahore

_
_

PW10
PW11

reporte

COPY OF CHAGRE SHEET

COPY OF FIR

COPY OF CRIME DETAIL FORM

COPY OF TESTIMONY OF RAJKUMAR BHOJNE (COMPLAINANT)

COPY OF TESTIMONY OF NISIKANT BHOJNE

COPY OF TESTIMONY OF MINAL BHOJNE

COPY OF TESTIMONY OF GAJENDRA SINGH

COPY OF NOTICE OF SEIZED VEHICLE

COPY OF NOTICE SENT TO KHIM SINGH (ACCUSED)

COPY OF CONFESSION MADE BY ACCUSED

COPY OF NOTICE SENT TO OWENR OF TEMPO

COPY OF MEDICAL REPORT OF RAJKUMAR BHOJNE


(COMPLIANANT)

COPY OF MEDICAL REPORT OF NISIKANT BHOJNE

COPY OF MEDICAL REPORT OF MINAL BHOJNE

COPY OF MEDICAL REPORT OF DHANSHREE

COPY OF DRIVING LICENSE OF RAJKUMAR BHOJNE


(COMPLAINANT)

COPY OF INSURANCE CERTIFICATE OF RAJKUMARS CAR

COPY OF DRIVING LICENSE OF KHIM SINGH (ACCUSED)

COPY OF R/C OF TEMPO

COPY OF INSURANCE CERTIFICATE OF TEMPO

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