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2010 Supreme(All) 2086

PRAFULLA C.PANT
Rajendra Prasad S/o Shri Ishwari Datt – Appellant
Versus
State of Uttaranchal – Respondent


Advocates appeared:
Mr. Lokendra Dobhal, Advocate for the revisionist.
Mr. M.A. Khan, Brief Holder for respondent State.

JUDGMENT

Prafulla C. Pant, J.

This revision is directed against the judgment and order dated 25.04.2001, passed by Sessions Judge, Chamoli, in Criminal Appeal No. 20 of 1998, whereby said court has affirmed the conviction and sentence recorded by the trial court (Chief Judicial Magistrate, Chamoli) in respect of offence punishable under Section 279 and 304-A of I.P.C. against the revisionist.


2. Heard learned counsel for the parties and perused the lower court record.


3. Brief facts of the case are that on 15.01.1996, at about 03:10 P.M., near Peepalkoti, the revisionist Rajendra Prasad was driving Maruti car, registration No. DNH 2614, rashly and negligently, and the vehicle struck with the standing truck belonging to Border Roads Organization. In the accident two persons, namely Ajay Rana and Virendra Thapliyal died. A report of said accident was lodged, and charge sheet was filed against the present revisionist Rajendra Prasad by the Investigating Officer. The Chief Judicial Magistrate, Chamoli, registered the criminal case No. 506 of 1996, and after giving necessary copies, he framed charge of offence punishable under Section 279, 338 and 304-A of I.P.C. against the accused






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