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2023 Supreme(HP) 520

RAKESH KAINTHLA
State of H. P. – Appellant
Versus
Subhash Chand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Prashant Sen, Deputy Advocate General.
For the Respondent:Mr. P.S. Goverdhan, Senior Advocate with Mr. Rakesh Thakur, Advocate.

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 11.2.2010, passed by learned Chief Judicial Magistrate, Solan, District Solan, H.P., vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of offences punishable under Sections 279 and 337 of IPC and Section 196 of the Motor Vehicles Act. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the prosecution presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Sections 279 and 337 of IPC and Section 196 of the Motor Vehicles Act. It was asserted that the informant Karan Singh (PW-2) used to drive an Auto bearing registration no. HP-50-0390. He reached Mohan Park on 24.1.2005, at around 4:30 PM. He stopped the Auto towards the roadside and was taking money from the passenger. A bus bearing registration no. HP-14-6719 came at a high speed and hit the rear side of the Auto. Pooja Thakur (PW-11), Anju Bala (PW-1), Dhan Singh (PW-4) and informa

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