State of H.P. vs Baldev Singh - 2025 Supreme(HP) 227

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 227

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Baldev Singh – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Ajit Sharma, Deputy Advocate General.
For the Respondent:Mr. Surinder Kumar Saklani, Advocate.

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 01.09.2010, passed by the learned Judicial Magistrate First Class, Court No. (I) Amb, District Una (H.P) (learned Trial Court) vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of offences punishable under Sections 279 & 304-A of the Indian Penal Code (“in short IPC”). (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 before the learned Trial Court against the accused for the commission of offences punishable under Sections 279 & 304-A of the IPC. It was asserted that the informant, Raj Kumar (PW1), was running a vegetable shop at the Bus Stand Amb. He was present at the bus stand on 26.11.2006. Ram Das (since deceased) was riding a bicycle at 06:00 pm. A bus bearing registration No. HP-19A- 3396 hit the bicycle at a high speed. The bicycle fell on the road. The rear tyre of the bus crushed Ram Das. Ram Das succumbed to his injuries. The accident occurred due to the n