State of H.P. vs Sanjay Kumar - 2025 Supreme(HP) 884

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 884

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

Advocates:
Advocate Appeared:
For the Appellant :Mr. Lokender Kutlehria, Additional Advocate.
For the Respondent:Mr. Tarun Brakta, Advocate vice Mr. Atharv Sharma, Advocate.

Table of Content
1. facts of the accident (Para 2 , 4)
2. lower court's acquittal for lack of evidence (Para 6 , 7)
3. arguments for appeal (Para 9 , 10)
4. witness testimony evaluation (Para 14 , 15 , 16 , 17 , 19 , 20)
5. duty of proof in negligence cases (Para 18 , 21 , 22 , 23)
6. final judgment dismissing appeal (Para 25 , 26)

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 27.08.2010, passed by learned Chief Judicial Magistrate Kangra at Dharamshala (learned Trial Court), vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of offences punishable under Sections 279 and 304-A of the INDIAN PENAL CODE (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 informant, Ramesh Chand (PW-1), was carrying out the construction of Suresh Bakshi’s building. A motorcycle bearing registration No. HP37-2108 came from Tang at a high speed at 4:45 p.m. Two persons were riding the motorcycle. Dulo Ram (since deceased) was coming from Narwana Bazar with a gunny