MOTI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Due to COVID-19 situation, the Court is convened through video conference.

(2.) This criminal revision petition is filed being aggrieved of conviction under Ss. 279, 337 and 338 the Indian Penal Code, 1860 [for short 'IPC'] vide judgment dtd. 9/10/2018 and order dtd. 11/10/2018 of quantum of sentence. Further, upholding of conviction by dismissal of appeal by the Sessions Judge, Fatehabad on 5/4/2021 is also under challenge.

(3.) The relevant facts are that FIR No. 357, dtd. 10/6/2015 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 that accident was due to rash driving of negligent vehicle. On 9/10/2018, the petitioner was convicted and vide order dtd. 11/10/2018, he was sentenced to undergo imprisonment as under:- Secs. entence Fine Sentence in default of fine 279 IPC S.I. for 3 months Rs.500.00 S.I. for 1 month 337 IPC S.I. for 6 months Rs.500.00 S.I. for 1 month 338 IPC S.I. for 1 year Rs.1,000.00 S.I. for 2 months The appeal filed against the conviction was dismissed and order of conviction and quantum of sentence were upheld.