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2004 Supreme(P&H) 959

V.M.JAIN
Jarnail Singh – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.S. Dinarpur, Advocate.
For the Respondent: Mr. Sanjiv Sheokand, A.A.G., Haryana.

JUDGMENT

V.M. Jain, J. - This Revision Petition has been filed by accused-petitioner Jarnail Singh against the judgments of the Courts below whereby he was convicted under Sections 337/338 and 304-A of the Indian Penal Code and was sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. 500/- under Section 337 Indian Penal Code, imprisonment for two years and to pay a fine of Rs. 1,000/- under Section 338 Indian Penal Code and imprisonment for two years and a fine of Rs. 5,000/- under Section 304-A Indian Penal Code. All the sentences were ordered to run concurrently. Aggrieved by the judgment/order of learned Judicial Magistrate Ist Class, Pehowa an appeal was filed by the accused-petitioner which was dismissed by the learned Sessions Judge, Kurukshetra vide his judgment dated 9.3.1998.

2. The facts, in brief, are that on 4.5.1987, at about 10.45 P.M., Joginder Pal PW made statement Exhibit PA before SI Deep chand SHO that on that night after closing his shop, he was having a stroll on Ambala road and at about 9.45 P.M., when he reached near the turning of bye-pass Guhla, he saw a Haryana Roadways bus driven by its driver coming at a high speed in a rash an








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