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2009 Supreme(HP) 276

KULDIP SINGH
State of Himachal Pradesh – Appellant
Versus
Desh Raj – Respondent


Advocates:
For the Appellant :Mr. Anshul Bansal, Additional Advocate General.
For the Respondent:Mr. Sanjay Jaswal Advocate.

JUDGEMENT

Kuldip Singh, Judge The acquittal of respondent for offence punishable under Sections 279, 304-A IPC vide judgment dated 21.12.2001 recorded by the learned Additional Chief Judicial Magistrate, Kasauli at Solan in Criminal Case No. 23/2 of 2000/1995 has been assailed by State in the above appeal.

2. The prosecution case, in brief, is that on 5.6. 1995 at about 1.10 p.m. near bus stand Parwanoo respondent was driving bus bearing registration No. HP-06-2003 in a rash and negligent manner and hit Kumari Pooja with the rear tyre of the bus, as a result of which Kumari Pooja died on the spot. The information of the accident was given to Police Station, Parwanoo on telephone, police visited spot and recorded the statement Ex.PW-1/A under Section 154 Cr.P.C. of PW-1 Jaswinder Singh. Thereupon ruka was sent to Police Station, Parwanoo and FIR Ex.PW-6/A was registered. The post mortem report Ex.PW-3/B of Kumari Pooja was obtained, site plan was prepared and photographs of the spot were also taken. The bus and the documents were taken into possession. On completion of investigation, challan was presented against the respondent, notice of accusation was put to respondent under Secti







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