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4. After investigation, charge-sheet was filed. Copy of the same was supplied to the accused in compliance of Section 207 Cr.P.C. Thereafter, charge was framed against him under Sections 279/304A/338 IPC on 17.04.2013, to which accused pleaded not guilty and claimed trial.

GAURAV GAURAV SHARMA Date: 2022.09.26 14:25:59 +05'30' SHARMA Adobe Acrobat Reader version:

i) there must be death of the person in question;

ii) the accused must have caused such death; and

iii) the act of the accused must have been rash or negligent, though not amounting to culpable homicide.

                                                  GAURAV
                                                             GAURAV SHARMA
                                                             Date: 2022.09.26
                                                             14:26:27 +05'30'

                                                  SHARMA     Adobe Acrobat Reader
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                                                             2022.002.20212

GAURAV Date:

GAURAV SHARMA 2022.09.26 14:26:49 +05'30' SHARMA Adobe Acrobat Reader version:

12.For the present case in question, it is seen that the allegations against the accused are that he, on the day of the incident in question, whilst driving a truck, the vehicle in question, in a rash or negligent manner, hit against a scooty, on which three persons were riding - one, the deceased, who was driving the scooty and died on the spot, PW3 Yogesh Batra, the pillion rider and friend of the deceased with PW2/Sofiya, who had taken lift from the deceased and PW3. It is therefore seen that for affixing culpability on the accused, prosecution case is highly dependent on the deposition of the injured eye witnesses PW2 and PW3, who were riding on the scooty whose accident had been caused by the offending vehicle, being driven in a rash or negligent manner by the accused. Such evidence of PW2 and GAURAV GAURAV SHARMA Date: 2022.09.26 14:27:12 +05'30' SHARMA Adobe Acrobat Reader version: