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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VINOD S.BHARDWAJ
Sanjay – Appellant
Versus
State Of Haryana – Respondent
| Table of Content |
|---|
| 1. conviction and context of the case (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments against the conviction (Para 8 , 9 , 10 , 11 , 13 , 14) |
| 3. establishment of identity and causation (Para 12 , 21 , 26) |
| 4. modification of sentence in appeal (Para 36 , 38) |
JUDGMENT :
Vinod S. Bhardwaj, J.
The present petition raises a challenge to the judgement dated 07.08.2025 passed by the Additional Sessions Judge, Hisar as well as to the judgement and order dated 12.02.2020 passed by the Judicial Magistrate 1st Class, Hisar in case bearing FIR No. 258 dated 18.11.2016 registered under Sections 279 , 337, 304-A, 427 of the Indian Penal Code, 1860 (hereinafter referred to as ' IPC ') and Sections 181 , 192 of the Motor Vehicles Act, 1988 registered at Police Station Adampur, District Hisar whereby the petitioner was convicted for the commission of the aforesaid offences and was sentenced as under:
For the commission of offence under Section 279 of I.P.C. | Simple imprisonment for a period of six months |
For the commission of offence under Section 337 of I.P.C. | Simple imprisonment for a period of six months |
For the commission of offence under Section 304-A of I.P.C. | Rigorous Imprisonment for a p |
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....
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....
The main legal point established in the judgment is that the prosecution's evidence, including eyewitness testimonies and documentary evidence, must establish the guilt of the accused beyond reasonab....
Revisional jurisdiction confines to patent defects or perversity, not reappreciating evidence; concurrent findings on driver's identity and negligence in reversing without safety check upheld, sustai....
Revisional jurisdiction narrowly limited against concurrent convictions; negligence proved by high-speed wrong-side driving causing vehicle to hit pedestrians, parapet and overturn, absent mechanical....
Negligence in driving leading to fatality can be established without a test identification parade if the identity is corroborated by credible witnesses.
Rash driving or riding on a public way – There is no such statutory exception pleaded in the present case. In absence of any material on record, no presumption of "rashness" or "negligence" could be ....
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