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2023 Supreme(J&K) 333

SANJAY DHAR
Bachan Singh, S/o. Sh. Onkar Singh – Appellant
Versus
State of Jammu and Kashmir – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. D. K. Khajuria, Adv.
For the Respondent: Mr. Pawan Dev Singh, Dy.AG

JUDGMENT :

1. Through the medium of instant revision petition, the petitioner has challenged order dated 20.04.2016 passed by the learned 1st Additional Sessions Judge, Jammu (hereinafter to be referred as the appellate court), whereby judgment of conviction and sentence dated 10.06.2015 passed by learned Judicial Magistrate 1st Class(Electricity Magistrate), Jammu(hereinafter to be referred as the trial court) has been upheld and the petitioner has been sentenced to imprisonment of one year and a fine of rupees one thousand in proof of offences under Sections 304-A and 279 RPC.

2. The facts giving rise to the present revision petition are that on 27.02.2008 a Minibus bearing registration No. JK02V 0583 was being driven rashly and negligently by its driver, while proceeding from Satwari towards Jammu. On reaching near Convent School Crossing at Gandhi Nagar, Jammu, the deceased-Harnam Kour, who was crossing the road, was knocked down by the vehicle in question, as a result of which, she received grievous injuries. She was moved to hospital and in the meanwhile, the driver of the offending vehicle fled away from the spot. The Police swing into action, registered FIR No. 38/2008 for of

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