SANDEEP SHARMA
Vinod Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
Sandeep Sharma, J.
By way of present criminal revision petition, the petitioner has challenged the judgment of conviction dated 23.5.2008 passed by the learned Additional Sessions Judge, Mandi in Criminal Appeal No. 12 of 2004, whereby he has affirmed the judgment dated 1.3.2002 passed by the learned Chief Judicial Magistrate Mandi in police challan No. 531-I/1998. The present petitioner Vinod Kumar (hereinafter referred to as accused) was convicted under Sections 279, 337 and 338 IPC and Section 185 of Motor Vehicles Act.
2. Briefly stated facts of the case are that on 1.3.1998, during Shivratri Festival, a cultural program was organized at Seri Manch, Mandi by the District Administration. On the same day, at around 11:00 P.M., accused Vinod Kumar while driving Maruti Car No. HP- 33-2033 came from Chauhta Bazar Mandi towards Gandhi Chowk in a very rash and negligent manner. It is further case of the prosecution that while driving, he was drunk. As per prosecution story, a speeding car being driven by the accused firstly hit PW-10 Smt Pushaplata at Gandhi Chowk and then the car struck against PW-4 Shri Ram Singh, who fell down the road. It is also case of the prosecution th
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