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2017 Supreme(HP) 551

SANDEEP SHARMA
State of H. P. – Appellant
Versus
Ashok Kumar – Respondent


Advocates Appeared:
For the Appellant :Mr. P.M. Negi, Additional Advocate General with Mr. R.K. Sharma, Deputy Advocate General

JUDGMENT :

Sandeep Sharma, J.

Sequel to order dated 29.5.2017, record of the court below has been received.

2. Instant Criminal Miscellaneous petition has been filed under Section 378 (3) of the Cr.PC, seeking therein leave to appeal against the impugned judgment of acquittal dated 23.1.2017, passed by the learned Judicial Magistrate, Ist Class-I, Dharamshala, District Kangra, H.P., in RBT Crl. Case No.:72-II2012 under Sections 279 & 337 of the IPC, whereby the respondent-accused has been acquitted of notice of accusation put to him under Sections 279 & 337 of IPC.

3. Briefly stated facts as emerge from the record are that on the basis of statement having been made by the injured/complainant namely Bhagmal (PW1), under section 154 of the Cr.PC, police registered FIR bearing No. 166 of 2011 dated 7.8.2011, under Sections 279 and 337 of the IPC against the respondent-accused, alleging therein that at around 1:30 pm, the complainant Bhagmal, along with his wife and son were going towards the Yol bus stand, when they reached near Gurudwara Yol Market, a bus bearing registration No. HP-68-5555, driven by the respondent-accused hit him and dragged him, as a result of which, he suffered injur























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