State of H.P. vs Rajneesh Kumar - 2026 Supreme(HP) 73

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 73

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Rajneesh Kumar – Respondent

Advocates:
Advocate Appeared:
For the Appellant/State :Mr Lokender Kutlehria, Additional Advocate General.
For the Respondent:Mr Shashwat Dadwal, Advocate

JUDGMENT :
Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 31.10.2012, passed by learned Judicial Magistrate First Class, (1), Kangra, District Kangra (learned Trial Court) vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of offences punishable under Section 279, 337 and 201 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 police filed a charge sheet against the accused before the learned Trial Court for the commission of offences punishable under Sections 279, 337 and 201 of the IPC. It was asserted that the informant Praveen Kumar (PW6) and Bablesh Kumar were riding a motorcycle bearing registration No. HP- 40A-4238 on 12.05.2008. An auto bearing registration No. HP40A-4037 was moving ahead of the motorcycle. An applied for a truck came from behind at a high speed and hit the auto. The informant also lost control of the motorcycle, and the motorcycle fell. The injured were taken to the hospital. The truck driver stop