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2007 Supreme(HP) 434

SANJAY KAROL
State of H. P. – Appellant
Versus
Sat Pal – Respondent


JUDGMENT

Sanjay Karol, J.

1. The present appeal arises out of the judgment dated 30th December, 1999 passed by Additional Chief Judicial Magistrate, Kandaghat, District Solan in Criminal Case No. 8/2 of 1998 titled as State of H.P. v. Sat Pal, acquitting the accused of the charged offence under Sections 279 and 337 of the Indian Penal Code and Section 179 of the Motor Vehicles Act.

2. As per the case of the prosecution on 14th September, 1997 at about 7.10 p.m. Mohinder Singh (PW-1) was driving car bearing No. HP-03-1782, belonging to the National Cadet Core (Headquarter Shimla), from Sadhupul to Chail, H.P. where the N.C.C. camp was being held. In the car Brigadier D.K. Khana and Colonel M.K. Chauhan were traveling with him. When the car reached at the place near Mohag Garden a bus bearing No. HP.15-2542 driven by the accused at great speed came on the wrong side from the opposite direction and on seeing the same PW-1 stopped his car. However, as the bus was at great speed and on the wrong side due to the rash and negligent driving of the accused the bus collided with the car as a result of which the occupants of the car were hurt and sustained injuries. After the accident the driver








































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