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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Ram Prasad – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present revision is directed against the judgment dated 19.03.2013, passed by learned Additional Sessions Judge, Fast Track Court, Shimla (learned Appellate Court), vide which the judgment of conviction dated 29.05.2007 and order of sentence dated 31.05.2007, passed by learned Sub-Divisional Judicial Magistrate, Rohru, District Shimla, (learned Trial Court) convicting the appellant (accused before the learned Trial Court) of the commission of offences punishable under Sections 279 , 304-A of INDIAN PENAL CODE (in short ‘IPC’) and Section 187 of Motor Vehicles (in short ‘MV Act’) were upheld. (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 revision are that the police presented a challan before the learned Trial Court against the accused for the commission of offences punishable under Sections 279 and 304A of IPC. It was asserted that informant-Ajay Dhawan (PW2) was sitting on the lawn of his house on 03.04.2005. Vinay Sharma (since deceased) came towards the road at 12:30 pm. A truck bearing registration No. HP-
The revisional court exercises limited jurisdiction, focusing only on clear legal errors while upholding convictions based on substantial evidence of negligence.
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The court confirmed the conviction for causing death by negligence under Section 304-A IPC, emphasizing the driver's duty of care and reducing the sentence from six to three months based on mitigatin....
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