MANOJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed the present criminal revision against the judgment dtd. 1/9/2018 passed by learned Sessions Judge, Sirsa whereby his appeal against the judgment of conviction dtd. 26/2/2016 and order of sentence dtd. 4/3/2016 passed by learned Judicial Magistrate 1st Class, Sirsa, was dismissed with modification in the order of sentence.

(2.) Briefly stated, FIR No.141 dtd. 30/11/2010 under Ss. 279, 337 and 338 IPC was registered against the petitioner-accused at Police Station Nathu Sari Chopta on the basis of statement made by complainant Jagdish Chander. As per the FIR, on 30/11/2010, the complainant got his statement recorded before the police that on 27/11/2010 at about 05.00 P.M., he was going to Nathusari Chopta via Bhattu Kalan Road from his fields on his motorcycle. Amar Singh son of Gopi Ram, resident of his village was with him as a pillion rider. Satish son of Jaibir, who is nephew of the complainant was also coming towards the fields on his motorcycle bearing registration No.HR-24H-9994. In the meantime, a Maruti Zen car bearing registration No.DL-3CR-0623 came from the opposite side and hit against the motorcycle of Satish due to which he fell down on the road and sustained multiple injuries and lost consciousness. The offending car also got stuck in the nearby bushes and its driver fled away leaving the car at the spot. Injured Satish was admitted in the hospital and police was informed.

(3.) Investigation was conducted by the police. The petitioner was arrested and produced in the Court. Statements of witnesses were recorded and after completion of investigation, Challan was filed in the Court.