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2010 Supreme(HP) 366

DEV DARSHAN SUD
KRISHAN SINGH – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates appeared:
For the Petitioner:Mr. V.S.Rathore, Advocate. For the Respondent: Ms. Ruma Kaushik, Addl. AG.

JUDGMENT

Dev Darshan Sud, J.(Oral)-This revision petition has been filed by the petitioner against the judgment and sentence imposed by the learned Sessions Judge, Kangra at Dharamsala, affirming the judgment and sentence passed by the learned Additional Chief Judicial Magistrate, Nurpur, District Kangra, holding the petitioner guilty for offences under Sections 279, 337 and 304-A IPC and sentencing him to rigorous imprisonment for six months and a fine of Rs.1000/-under Section 279 IPC, rigorous imprisonment of three months under Section 337 IPC and rigorous imprisonment for two years and a fine of Rs.2000/- under Section 304-A IPC. In appeal, the learned Sessions Judge affirmed the findings of guilt and sentence imposed after scrutiny of the facts and evidence on record.

2. The brief facts of the case are that on the fateful day, that is on 23.8.1996, Des Raj along with his wife and daughters was standing outside shop of Sarav Singh who was dealing in vegetables at Raja Ka Talab. It was raining and they had taken shelter in the shop. The prosecution alleged that the petitioner was driving Jonga Jeep bearing No. PAG-9042 in a rash and negligent manner which came from Jawali side a






















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