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VIKRAM AGGARWAL
Rajender Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Vikram Aggarwal, J.
The present revision petition assails the judgment dated 04.05.2009 passed by the Additional Sessions Judge, Faridabad dismissing the appeal filed by the petitioner against the judgment dated 24.04.2008 passed by the Judicial Magistrate 1st Class, Palwal convicting the petitioner under Sections 279, 337 and 304A IPC and sentencing him to undergo rigorous imprisonment for a period of six months each under Sections 279 and 337 IPC and rigorous imprisonment for a period of one year alongwith fine of Rs. 1,000/- under Section 304A IPC (in default of payment of fine to further rigorous imprisonment for a period of two months).
2. On 11.04.1997, a Matador bearing registration No.DL-ICD- 0779 (hereinafter referred to as 'the Matador') being driven by one Ajit Kumar and carrying 17-18 passengers, was going from Sawar to Mathura. The occupants of the Matador were on a holy trip and were closely related to each other. At about 11:30 p.m./12:00 midnight, when the Matador reached near Village Tumsara (little ahead of Palwal), a tanker bearing registration No.DIG-8931 (hereinafter referred to as 'the offending vehicle') came from Hodal side. It was being driven by the
The absence of a test identification parade does not invalidate court identification if corroborated by reliable evidence, and minor inconsistencies in witness statements do not undermine the prosecu....
Purpose of a prior test identification is to test and strengthen trustworthiness of that evidence.
The evidence of identification in court is substantive evidence, and the failure to hold a test identification parade does not make the evidence of identification in court inadmissible. In appropriat....
Negligent driving resulting in death is a criminal offense which, if substantiated by eyewitness testimonies and medical reports, warrants conviction despite defense claims regarding identification a....
Negligence in driving leading to fatality can be established without a test identification parade if the identity is corroborated by credible witnesses.
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