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RAKESH KAINTHLA
State of H. P. – Appellant
Versus
Lekh Raj – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and trial background. (Para 1 , 2 , 3) |
| 2. details of witness testimonies and findings. (Para 4 , 5 , 6) |
| 3. arguments presented by both parties. (Para 7 , 9 , 10) |
| 4. considerations in appeal against acquittal. (Para 11 , 12) |
| 5. testimonies of key witnesses regarding speed. (Para 15 , 16 , 19) |
| 6. legal standards for establishing negligence. (Para 20 , 22 , 23 , 24 , 25) |
| 7. final conclusion of the appeal. (Para 26 , 27 , 28) |
JUDGMENT :
Rakesh Kainthla , J.
The present appeal is directed against the judgment dated 29.04.2010 passed by learned Chief Judicial Magistrate, Solan, vide which the respondent (accused before learned Trial Court) was acquitted of the commission of offences punishable under Sections 279 and 337 of the INDIAN PENAL CODE (IPC) and Section 187 of MOTOR VEHICLES ACT (in short ‘MV Act’). (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused for the commission of offences punishable under Sections 279 and 337 of IPC. It was asserted tha
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