State of H.P. vs Sanjay Kumar - 2026 Supreme(HP) 271

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 271

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

Advocates Appeared:
For the Appellant :Mr Lokender Kutlehria, Additional Advocate General.
For the Respondent:Mr Naresh Kaul, Advocate.

JUDGMENT :

RAKESH KAINTHLA, J.

The present appeal is directed against the judgment dated 19.08.2013, passed by learned Additional Chief Judicial Magistrate, Nurpur, 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, 337, 338 and 304A 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, 337, 338 and 304A of the IPC. It was asserted that Punjab Singh (PW4) was a driver of the truck bearing registration No. HP-68-2292. Dinesh Kumar was a conductor in the truck. Informant Punjab Singh and Dinesh Kumar were coming from Mamun to McLeod Ganj in the truck. They reached Khajjian Bazaar at about 1:45 PM. A bus came from the opposite side. A motorcycle bearing registration No. HP-22-2392 was moving behind the bus at a high speed. The motorcyc