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2022 Supreme(P&H) 1180

AVNEESH JHINGAN
Moti Lal – Appellant
Versus
The State Of Haryana – Respondent


Advocates:
Mr. Vivek Sharma, Advocate for the Appellant; Ms. Geeta Sharma, Deputy Advocate General, Haryana.

JUDGMENT

Avneesh Jhingan, J (Oral) - Due to COVID-19 situation, the Court is convened through video conference.

2. This criminal revision petition is filed being aggrieved of conviction under Sections 279, 337 and 338 the Indian Penal Code, 1860 [for short 'IPC'] vide judgment dated 9th October, 2018 and order dated 11th October, 2018 of quantum of sentence. Further, upholding of conviction by dismissal of appeal by the Sessions Judge, Fatehabad on 5th April, 2021 is also under challenge.

3. The relevant facts are that FIR No. 357, dated 10th June, 2015 was registered on receiving the information of a road side accident. An Indica Car bearing registration No.HR-20L-8434 [hereinafter referred to as 'negligent vehicle'] being driven by the petitioner in a rash and negligent manner hit the Indica Car bearing registration No. RJ-14SC-9388. The Car was being driven by Virender and occupants of the car were Santosh, Ravinder and Suman [hereinafter referred to as 'injured']. The negligent vehicle hit the car, as a result of the impact, the car struck against a tree. During the trial, in spite of PW-2 and PW-3 turning hostile, it was proved by other prosecution witness and evidence produced

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