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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RAKESH KAINTHLA
Guru Dev – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
1. The present revision is directed against the judgment dated 29.2.2026, passed by learned Sessions Judge, Mandi, District Mandi, HP (learned Appellate Court), vide which the judgment of conviction dated 6.12.2014 and order of sentence dated 8.12.2014, passed by learned Chief Judicial Magistrate, Mandi, District Mandi, HP, 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 petition 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 304A of the Indian Penal Code ( IPC ). It was asserted that Suman Kumar (PW8) was going towards Beat No. 2 on 13.6.2010, at about 9.20 AM. A truck bearing registration No. HP-72-1603 came from Mandi at a high speed and hit the motorcycle bearing registration No. HP-31A-2360, which was moving ahead of the truck. The motorcycle was dragged for a distance of 80 mtrs. The driver stopped the truck at some distance and ran away from the spot. The accident occurred due to the
The court held that concurrent findings of two lower courts regarding negligence and causation in a motor vehicle accident are binding unless proven erroneous, reinforcing limitations on the scope of....
Revisional jurisdiction limited; cannot reappreciate evidence without perversity. Overtaking motorcycle on curve amid oncoming traffic is rash negligence under IPC Sections 279/337; probation inappli....
The scope of revision under Section 397 Cr.P.C. is limited to addressing manifest errors or legal bar against proceedings, emphasizing that revisional courts cannot review evidence as appellate court....
Revisional jurisdiction limited; cannot re-appreciate evidence or upset concurrent findings on rash negligent driving causing death absent perversity; wrong side driving negligence per road rules; 31....
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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