State of H.P. vs Ashok Kumar - 2026 Supreme(HP) 156

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 156

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

Advocates Appeared:
For the Appellant :Mr Prashant Sen, Deputy Advocate General.
For the Respondent:Mr Nimish Gupta, Advocate.

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 30.07.2014, passed by learned Judicial Magistrate First Class-I, Dharamshala, District Kangra, H.P. (learned Trial Court) vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of offences punishable under Sections 279 and 304-A 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 presented a challan before the learned Trial Court against the accused for the commission of offences punishable under Sections 279 and 304-A of the IPC. It was asserted that the informant Liyakat Ali (PW-1) was present in his home. He heard some noise on 11.11.2006, at about 9:30 pm. He saw Sunil Kumar and Suresh Kumar, etc., abusing each other. Many people had gathered on the spot. They boarded a van bearing registration No. HP-01D-2959 and went towards Yol. The informant went to his home. The vehicle went towards Sidhbari. It returned after some time and hit Naresh Kumar at a high spee