SONKHA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner assails judgment dtd. 17/5/2018 passed by learned Sessions Judge, Panchkula whereby conviction of the petitioner, as recorded by learned Chief Judicial Magistrate, Panchkula vide judgment 8/11/2016 for offences punishable under Ss. 279, 337 and 304-A of Indian Penal Code, 1860, has been upheld.

(2.) A few facts, necessary to notice for disposal of this revision petition, are that on 2/7/2013 when the complainant Madan Lal was going with his wife on 'Activa' scooter from Chandigarh to Amrawati Enclave, then a truck came from behind and hit into their scooter, as a result of which the scooter fell on the 'kachha' portion of the road. The wife of the complainant sustained injuries and ultimately expired. Even the complainant is stated to have sustained injuries on his head, legs and arms. The learned trial Court, upon appraisal of the evidence led before it, found the petitioner guilty for having committed offence punishable under Ss. 279, 337 and 304-A of Indian Penal Code, 1860 and consequently sentenced the petitioner to undergo rigorous imprisonment for one year and also to pay fine amounting to Rs.1,000.00. The appeal filed by the petitioner was also dismissed, which has been challenged by way of filing the present revision petition.

(3.) The learned counsel, while assailing the impugned judgment, has first of all submitted that since no test identification parade was conducted in the present case, the identification of petitioner remains doubtful, and therefore, the entire case of the prosecution case falls to ground.