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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Devi Ram – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. incident details and prior enmity. (Para 1 , 2) |
| 2. petitioner's argument against framing charges. (Para 4 , 6 , 14) |
| 3. court's assessment of evidence and charges. (Para 5 , 8 , 12) |
| 4. criteria for framing charges explained. (Para 9 , 10 , 11 , 13 , 16) |
| 5. court dismisses the petition. (Para 17 , 18) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present revision against the order dated 19.11.2022, passed by learned Additional Sessions Judge, Kinnaur at Rampur, Himachal Pradesh (learned Trial Court), vide which the charges were framed against the petitioner (accused before the learned Trial Court) for the commission of offences punishable under Section 304 (2) of INDIAN PENAL CODE (IPC) read with Section 187 of the Motor Vehicles (MV) Act. (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 petition are that the informant made a statement before the police that on 23.04.2022, he when had visited Rampur to attend the marriage. He returned from bus stand Rampur on 24.04.2022 and when he reached near Indira Market, Rampur at ab
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