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2021 Supreme(J&K) 368

VINOD CHATTERJI KOUL
Surat Singh – Appellant
Versus
State of J&K – Respondent


Advocate Appeared:
For the Petitioner(s):Mr. Dhiraj Chowdhary, Advocate
For the Respondent(s) No.1: Mr. Vishal Bharti, Dy. AG
For the Respondent(s) No.2:M/s. R.K.S. Thakur and O.S. Bandral, Advocates

ORDER :

Vinod Chatterji Koul, J.

1. This revision petition has been filed against the order whereby juvenile – Gourav Badyal in respect of whom proceedings were initiated in respect of an FIR No. 339/2016, Police Station, Udhampur for offences under Sections 279/337/304-A RPC has been acquitted by the learned Chief Judicial Magistrate, Udhampur (“the trial Court”) vide its judgment dated 26.06.2018 on the grounds that trial court has wrongly discarded the statement of PW-Ranjeet Singh on ground that he was an interested witness. The second ground urged before this Court to assail the judgment impugned is that the trial Court observed that the prosecution has failed to examine the Investigating Officer due to which FIR, site map remained unexhibited and not proved, whereas a bare perusal of the judgment impugned reveals that I.O. appeared before the trial Court and was examined in support of the challan.

2. The facts in brief are that on 19.10.2016, a Scooty bearing Registration No.JK14D/5424 while going from TCP towards Salathia Chowk, Udhampur met with an accident near D.C. Office at about 5.20 p.m., as a result whereof scooty driver and the pillion rider, namely, Naresh Singh sustai

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