Parkash Chand vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 657

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Parkash Chand – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Sheetal Vyas
For the Respondent: Lokender Kutlehria

JUDGMENT :

Rakesh Kainthla, J.

1. The present revision is directed against the judgment dated 25.09.2014 passed by learned Sessions Judge, Bilaspur (learned Appellate Court) vide which, the judgment passed by learned Judicial Magistrate First Class, Bilaspur (learned Trial Court) convicting and sentencing the petitioner (accused before learned Trial Court) was 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 against the accused before the learned Trial Court for the commission of offences punishable under Sections 279, 337 and 338 of the Indian Penal Code (in short ‘IPC’). It was asserted that the informant, Dina Nath (PW1), and his son Sunil Dutt (PW7) were returning from Shimla in a bus bearing registration No. HP-10-0388, which was being driven by the accused. Sunil Dutt had sustained a fracture earlier in an accident, and he had gone to Shimla to get himself examined. When the bus reached Namhol at 12-12:15 pm, the accused drove it towards the other side of the road and hit a truck coming