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2008 Supreme(SC) 1081

ARIJIT PASAYAT, HARJIT SINGH BEDI
Kuldeep Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


JUDGMENT

DR. ARIJIT PASAYAT, J. - Leave granted.

2. Appellant faced trial for offences punishable under Sections 279, 337, 338 and 304(A) of the Indian Penal Code, 1860 (in short the `IPC) and Section 185 of the Motor Vehicles Act. 1988 (in short the `MV Act). The appellant was acquitted by learned Judicial Magistrate, Hamirpur. State of Himachal Pradesh preferred an appeal before the Himachal Pradesh High Court which by the impugned judgment set aside the judgment of acquittal passed by the trial court and directed conviction of the respondent for offences punishable under Sections 279, 337, 338 and 304(A) IPC and imposed various sentences, which were directed to run concurrently. The maximum sentence imposed was one year.

3. Background facts in a nutshell are as follows:

On 15.4.1993 the accused-appellant was the driver of the truck HIU-3837. The said truck was carrying a marriage party. When it reached near village Kacherha, on the public way, at about 11 AM, he lost its control, consequently it went off the road, rolled down in the field, leaving Pratap Singh @ Pinku, Kuldeep Singh @ Jogi, dead on the spot and Kamal Kishore and Manohar Lal injured persons died in the hospital at
























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