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2008 Supreme(Raj) 2312

MAHESH CHANDRA SHARMA
State of Rajasthan – Appellant
Versus
Ravi Kapoor – Respondent


Advocates:
For the State: Mr. B.N. Sandu, P.P.
For the Respondent:Mr. Pankaj Gupta, Advocate.

JUDGMENT

1. 1. This is an appeal filed by the State of Rajasthan against the against the judgment and order dated 11.5.2006, passed by the Addl. Civil Judge (Jr. Dn.) & Judicial Magistrate No.4, Alwar in Criminal Case No.28/2006, whereby he acquitted the accused respondent from the offence under Section 279, 337, 338, 304-A Indian Penal Code.

2. The brief facts of the case are that an unfortunate road accident which had taken place on 2.4.1991 at 9.15 A.M. due to which, 8 persons have been lost their life.

3. The complainant Sukhveer P.W.2 gave a 'Parcha Bayan' Ex.P.2 at M.I.A., Alwar on 2.4.1991 stating therein that he was going in Joga Singh's Jeep from Alwar to Govindgarh, and on reaching Baggad Thihare Mod, one Jeep No. R.N.A. 638 in which his wife Chet Kaur, daughter Rikki, father-in-law Lahori, mother-in-law Geeta Devi, Fufi Sasur Niranjan and his wife Smt. Kailashwanti, brother-in-law Bhullan and his son and other passengers were sitting and one Maruti was also driven in the front. From the side of Thihara one Bus No. R.N.A. No. 339 came rashly driven. The Maruti Car saved itself and took side and the Bus hit Jeep R.N.A. 638, as a result, Chet Kaur, Rikki, Geeta and Jeep Drive




























































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