State of Himachal Pradesh vs Man Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1062

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
VIVEK SINGH THAKUR, RAKESH KAINTHLA
State of Himachal Pradesh – Appellant
Versus
Man Singh – Respondent

Advocates:
Advocate Appeared:
For the Appellant : J.S. Guleria
For the Respondent: Suman Thakur

JUDGMENT :

Rakesh Kainthla, J.

1. The present appeal is directed against the judgment dated 28.10.2013, passed by learned Additional Sessions Judge, Chamba, District Chamba, H.P., vide which the respondent (accused before learned Trial Court) was acquitted of the commission of an offence punishable under Section 302 of 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 filed a challan against the accused before the learned Trial Court for the commission of an offence punishable under Section 302 of IPC. It was asserted that Pawan (since deceased) was returning to his home on 2.3.2012 at about 5.00 PM. He fell on the way. The informant Uttamo (PW1) was told about this fact on 03.03.2012. He informed the police. An entry (Ex.PW11/A) was recorded in the Police Station. ASI Parvesh Kumar (PW11), HHC Raj Kumar, Constable Naresh Kumar and HHG Ranjeet Singh were sent to the spot in an ofÏcial vehicle bearing registration No.HP-73-0919, which Constable Suresh Kumar was driving. An entry (Ex.PW