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2019 Supreme(HP) 598

SANDEEP SHARMA
Yash Pal Rana – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
Karan Singh Kanwar, Adv., Somesh Raj, Adv., Kunal Thakur, Adv.

JUDGMENT :

Sandeep Sharma, J.

Complainant HHC Ved Parkash (PW-1) in his statement recorded under Section 154 of the Code of Criminal Procedure (for short 'Cr.PC') Ext.PW1/A, on the basis of which formal FIR Ext.PW-9/A came to be registered against the petitioner-accused (hereinafter referred to as the 'accused'), alleged that on the intervening night of 28th February, 2008 and 1st March, 2008, he was on night patrolling duty along HHC Sant Ram at place called Shamsherpur/Heerpur and at about 3.30 a.m., a vehicle bearing No.HP-17A-0092 coming from Paonta Sahib in high speed turned turtle and further struck against the building of Pawar Clinic on account of rash and negligent driving of accused. The above named complainant alleged that all the occupants in the vehicle, i.e., two boys and one lady received injuries and they were admitted in the Pawar Nursing Home. Complainant specifically alleged that the accident took place on account of rash and negligent driving by driver of the vehicle bearing No.HP-17A-0092. On the basis of the aforesaid statement made by the complainant (PW-

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