STATE OF UTTARANCHAL Vs. HEM CHANDRA
HIGH COURT OF UTTARAKHAND
STATE OF UTTARANCHAL
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(1.) This Government Appeal has been filed against the judgment and order of acquittal dated 30.11.2000, passed by the Additional Chief Judicial Magistrate IV, Dehradun in Criminal Case No. 256/1997, State v. Hem Chandra, where the accused respondent has been acquitted from the charges of offences under Section 279, 337, 304A, 427 IPC.
(2.) Accused was driving a tractor bearing no. UP- 7D-5608. He was plying the said vehicle on Dehradun Vikas Nagar Road while going from Selakoi to Sahaspur on 18.1.1995 at about 7.30 pm. A Government jeep bearing no. UGY-1078, driven by Dr. AS Rawat, was coming from Sahaspur Primary Health Centre to Selakoi petrol pump in order to fill up the fuel. When the said jeep came near the petrol filling station, the tractor being driven by the accused came from in front and dashed the jeep. This accident caused death of two women sitting in the jeep itself and rest of the passengers including Dr. AS Rawat who were in the jeep also got injured. Their injury reports are on the record. FIR was lodged by Dr. AS Rawat himself. After investigation police submitted the chargesheet against the accused respondent Hem Chandra.
(3.) Prosecution examined PW1 Dr. AS Rawat, PW2 Sneh Prabha, PW3 Ramesh, PW4 Hukam Singh, PW5 Ajay Kumar Sharma and PW6 Head Constable Keshav Tamta, while accused produced three witnesses in defence.;
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