Kamal vs State of H.P. - 2026 Supreme(HP) 185

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 185

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

Advocates Appeared:
For the Petitioner:Mr Deepak Kaushal, Senior Advocate with Mr Aditya Chauhan, Advocate.
For the Respondent:Mr Jitender Sharma, Additional Advocate General

JUDGMENT :

Rakesh Kainthla, J.

The present revision is directed against the judgment dated 23.09.2016 passed by the learned Sessions Judge, Sirmaur District, at Nahan (learned Appellate Court) vide which the judgment of conviction and order of sentence dated 22.01.2015 passed by the learned Judicial Magistrate First Class, Nahan, District Sirmaur, H.P. (learned Trial Court) 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 appeal are that the police presented a challan before the learned Trial Court against the accused for the commission of offences punishable under Section 279 of the Indian Penal Code (IPC) and Sections 181, 185 and 192A of the Motor Vehicles Act (MV Act).

3. It was asserted that Virender Singh (PW7) was driving the truck bearing registration No. HP-17B-8238 on 21.09.2011 from Kala Amb to Dehradun. He reached near Katasan at about 10:20 PM. A vehicle bearing registration No. HP-71-1075 came from Paonta Sahib at a high speed and hit the rear tyre of the informant’s truck. The rear tyres were damaged due to the impact. So