State of H.P. vs Naresh Thakur - 2026 Supreme(HP) 225

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 225

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Naresh Thakur – Respondent

Advocates Appeared:
For the Appellant : Ajit Sharma
For the Respondents: Kartik Kumar

JUDGMENT :

RAKESH KAINTHLA, J.

1. The present appeal is directed against the judgment dated 17.01.2013, passed by learned Judicial Magistrate First Class, Court No. IV, Shimla, District Shimla, H.P. (learned Trial Court), vide which the respondents (accused before the learned Trial Court) were acquitted of the commission of offences punishable under Sections 147, 148, 323, and 325 read with Section 149 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 against the accused for the commission of offences punishable under Sections 147, 148, 323 and 325 read with Section 149 of the IPC. It was asserted that the informant, Babu Ram (PW1), had gone to Village Paneya to attend a marriage on 10.11.2009. He saw that Lekh Raj was being beaten by Rinku, Sanju, Rajesh, and Daleep without any reason. The informant enquired from the assailants as to why they were beating Lekh Raj. The assailants gave the informant beatings with sticks. He sustained injuries to his nose, eye, back, legs,