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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Farman – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. assault caused leg injury leading to death; charges framed on nexus. (Para 1 , 2 , 3) |
| 2. no nexus; death from dengue shock, not injuries. (Para 4 , 6 , 8) |
| 3. medical report links kidney degeneration to leg injury. (Para 5 , 9) |
| 4. prima facie case or grave suspicion suffices for charges. (Para 7 , 10 , 11 , 12 , 13 , 14) |
| 5. bail standards differ; trial needed for medical evidence. (Para 15 , 16 , 17) |
| 6. revision dismissed; observations limited to disposal. (Para 18 , 19) |
JUDGMENT :
RAKESH KAINTHLA, J.
1. The present revision is directed against the order dated 30.04.2025 passed by learned Additional Sessions Judge Paonta Sahib, District Sirmaur (learned Trial Court) vide which the petitioner (accused before learned Trial Court) were charged with the commission of offences punishable under Sections 302, 147, 148, 341 and 427 read with Sections 149 and 120-B of Indian Penal Code (IPC).
2. Briefly stated, the facts giving rise to the present revision are that the police filed a charge sheet against the accused for the commission of offences punishable under Sections 302, 147, 148, 149, 341, 323, 326, 325, 427 and 120B of the Indian Penal Code (IPC). It was asserted that the
At charge framing stage, prima facie case or grave suspicion suffices; no threadbare evidence analysis. Postmortem linking leg injury to kidney degeneration via vascular failure establishes nexus for....
At the stage of framing of the charge, the accused has no right to produce any material, and the trial court has to apply its judicial mind to the facts of the case to determine whether a case has be....
The court established that a charge under Section 302 IPC can be framed based on grave suspicion, and the causation of death related to the injuries sustained must be determined through trial evidenc....
Discharge stage limits court to prima facie case assessment without evidence scrutiny; 'dangerous to life' injury equals grievous hurt, but single abdominal sharp blow amid road rage insufficient for....
Appellate courts interfere with acquittal only if perverse or no reasonable view possible; non-explanation of accused injuries, witness contradictions, inconsistent prosecution version justify uphold....
Revisional jurisdiction limited to perversity; concurrent convictions set aside for overlooked medical discrepancies, unexplained accused injuries with interested witnesses, and reasonable doubt from....
Conviction for voluntarily causing simple hurt upheld; partial witness contradictions and defective investigation do not warrant acquittal; separate incidents permit differential conviction of accuse....
The conviction for attempt to murder was altered to causing hurt due to insufficient evidence proving grievous injuries or intent to kill.
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