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2021 Supreme(P&H) 1577

AVNEESH JHINGAN
Manik Chand @ Upender – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Sandeep Kumar Yadav, Advocate, for the Appellant; Ms. Geeta Sharma, Deputy Advocate General, Haryana., for the Respondent.

JUDGMENT

Avneesh Ihingan, J. - Due to COVID-19 situation, the Court is convened through video conference.

2. This criminal revision petition is filed being aggrieved of conviction by the Chief Judicial Magistrate, Rewari under Sections 279, 337 and 304A of the Indian Penal Code, 1860 [for short 'IPC'] vide judgment dated 6th January, 2018 and order dated 8th January, 2018 of quantum of sentence. Further, upholding of conviction by dismissal of appeal by the Additional Sessions Judge, Rewari on 2nd April, 2021 is also under challenge.

3. The relevant facts are that on 23rd February, 2015, Sonu (injured] was brought to the hospital whereas Lalit was declared brought dead. Statement of Sonu was recorded, he stated that he alongwith his friend Lalit (hereinafter referred to as 'deceased'] were going on motorcycle bearing registration No. HR-36R-9607. The deceased was driving the motorcycle. On reaching near Lukas TVS Company, a bus bearing registration No. DL-1PC-5075 [hereinafter referred to as 'offending vehicle'] driven in a rash and negligent manner hit the motorcycle from the front side. The driver of the offending vehicle ran away from the spot. Sonu sustained injuries whereas decea

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