Amit Aggarwal vs State on 8 September, 2015

1. Present revision petition has been preferred by the petitioner

Amit Aggarwal to challenge the legality and propriety of a judgment

dated 22.09.2014 of learned Additional Sessions Judge in Crl.A.No.43/14

arising out of FIR No.1178/96 under Section 279/337/304A IPC

registered at Police Station Connaught Place by which conviction and

sentence recorded by the Trial Court vide orders dated 22.02.2011 and

1.12.2012 were upheld. The petitioner was sentenced to undergo SI for

nine months with fine `3,000 under Section 304A IPC; SI for three

months each under Section 279/337 IPC. The sentences were to operate

concurrently.
2. Briefly stated, the prosecution case as set up in the charge-

sheet was that on 22.11.96 at about 12.05 a.m. at Outer Circle Crossing,

Janpath, Amit Aggarwal while driving Maruti car No.AS 13 2851 in a

rash and negligent manner struck it against car No.DIC 6737 as a result of

which its occupants Vinod Kumar and K.C.Sharma sustained injuries.

They were taken to hospital where K.C.Sharma expired on 23.11.96. The

Investigating Officer after recording Vinod Kumar’s statement

(Ex.PW2/A) lodged First Information Report. Statements of witnesses

conversant with facts were recorded. The petitioner was arrested at the

spot. Post-mortem examination on the body was conducted during

investigation. Upon completion of investigation, a charge-sheet was filed

in the Court. The prosecution examined ten witnesses to substantiate its

case. In 313 statement, pleading false implication, the petitioner

examined DW-1 (Ankur Modi) in defence. The trial resulted in

conviction as aforesaid. The appeal preferred by the petitioner to

challenge the conviction and sentence was dismissed. Being aggrieved

and dissatisfied, the instant revision petition has been filed.

Source: Indian Kanoon

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