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2016 Supreme(HP) 1133

SANDEEP SHARMA
Mohinder Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. N.K. Thakur, Ms. Jamuna, Mr. Ajay Sharma
For the Respondents: Mr. Rupinder Singh Thakur, Mr. Rajat Chauhan

JUDGMENT :

Sandeep Sharma, J.

Both the criminal appeals are being taken up together for disposal by this Court since in both the appeals, challenge has been laid to common judgment dated 15.10.2009 passed by the learned Additional Sessions Judge, Una, HP in Criminal Appeal Nos. 24 and 25 of 2008. Moreover, proceedings in both the petitions have arisen from the same accident occurred on 4.2.2005.

2. Instant criminal revision petitions filed under Section 397/401 Cr.PC are directed against the judgment of conviction and sentence dated 15.10.2009 passed by the learned Additional Sessions Judge, Una in Criminal Appeals No. 24 and 25 of 2008, affirming the judgment of conviction and sentence dated 16.5.2008 and 27.5.2008 rendered by the learned Judicial Magistrate, 1st Class, Court No. 1, Amb District Una, HP in Criminal Case No. 120-I-2005/65-II-2005.

3. In nutshell, the story of the prosecution is that petitioners Mohinder Singh and Gurdyal Singh (in short accused No.1 and accused No.2 respectively), were deployed as driver as well as conductor respectively on the bus bearing No. HP-20-5581 belonging to Parmar International School, Una. As per story of prosecution, on 4.2.2005 at around 2
















































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