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2009 Supreme(HP) 147

SURINDER SINGH
STATE OF H. P. – Appellant
Versus
PREM NATH MITTAL – Respondent


Advocates appeared:
For the Appellant:Mr. J.S. Guleria, Assistant Advocate General. For Respondent: None.

JUDGMENT

Surinder Singh, J. (Oral):- Heard.

2. The accused was acquitted by the learned trial Court in criminal case No. 154/2 of 2006/02 under Sections 279, 337, 338 and 201 of the Indian Penal Code, on the point of his identity.

3. In brief, the case of the prosecution is that on 15.7.2001, complainant Raj Kumar was alleged to have been hit by a Centro Car at about 9 a.m. while he was going on foot near Bus Stand Parwanoo and suffered injuries on his leg. The car fled away from the spot. He was removed to E.S.I. Hospital by his friend Anu. The complainant lodged the FIR wherein he stated that a silver colour Centro Car PB-10-1040 had caused the accident. The registration number was alleged to have been disclosed to him by Ajay PW-3. Lateron the said car was taken into possession by the police from Ludhiana after about three months vide memo Ext. PW-4/A.

4. During the investigation of this case, the police took the entries of the Barrier into possession in order to find out the movement of the said car in the area of Kasauli on the said date.

5. After completing the investigation, the challan was presented in the court for trial of the respondent under Sections 279, 337,338 and



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