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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RAKESH KAINTHLA
Guru Dev – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. establishment of facts surrounding the accident. (Para 2 , 3 , 4 , 6) |
| 2. arguments regarding the evidence and witness reliability. (Para 8 , 10 , 11) |
| 3. scope of revisional jurisdiction and limitations on interference. (Para 15 , 17 , 18) |
| 4. evidence corroboration and its implications on negligence. (Para 19 , 20 , 22 , 23 , 24 , 25) |
| 5. sentencing principles for negligent driving offenses. (Para 29 , 30 , 34) |
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 a
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....
Driving recklessly and losing control of a vehicle causing injury or death constitutes negligence, warranting conviction under Sections 279, 337, 338, and 304-A IPC.
Revisional jurisdiction limited to patent errors or perversity, not reappreciating concurrent findings; high speed in crowded area causing loss of control despite sudden obstacle constitutes driver n....
Revisional court acquits of rash driving/death charges where site plan shows victim vehicle on wrong side, speed unquantified, negligence opinions inadmissible; upholds conviction for fleeing without....
Revisional court cannot reappreciate evidence to upset concurrent convictions under IPC Sections 279, 337, 338 absent perversity; driving on wrong side of narrow curve without precautions constitutes....
Revisional jurisdiction limited; no interference with concurrent conviction for rash driving on wrong side causing deaths absent perversity, despite vehicle registration ambiguity, as eyewitnesses re....
Revisional court cannot reappraise evidence unless perverse; wrong-side driving at high speed is negligent causing hurt under IPC 279/337/338; probation denied in road injury cases for deterrence.
Revisional jurisdiction under CrPC Section 397 limited to patent errors/perversity, not re-appreciating evidence; driving on wrong side of road negligence causing accident, upheld conviction but redu....
Negligence in driving leading to injury constitutes a violation under Sections 279 and 337 IPC, affirming strict liability for road traffic offenses.
Revisional jurisdiction limited: no reappreciation of evidence to upset concurrent conviction for rash driving (wrong side/parking too close on slope causing grievous hurt) absent perversity or juris....
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