Rajeev Kumar vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 281

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Rajeev Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates Appeared:
For the Petitioner:Mr. N.S. Chandel, Senior Advocate with M/s Vinod Gupta and Shwetima Dogra, Advocates.
For the Respondent:Mr. Lokender Kutlehria, Additional Advocate General.

JUDGMENT :

Rakesh Kainthla, J.

The present revision is directed against the judgment dated 29.05.2015 passed by learned Additional Sessions Judge, Ghumarwin, District Bilaspur, (Camp at Bilaspur) H.P. (learned Appellate Court) vide which judgment of conviction dated 30.07.2014 and order of sentence dated 05.08.2014, passed by learned Additional Chief Judicial Magistrate, Ghumarwin, District Bilaspur, 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 revision are that the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Sections 279, 337 & 304-A of the Indian Penal Code (IPC) and Section 187 of the Motor Vehicles Act (MV Act). It was asserted that the informant, Gian Chand (PW-1), was going towards his home on 30.01.2006 at about 10:30 am when he reached near a Pulli, a jeep bearing registration No. HP-22-2752 came at a high speed from Balhseena and hit a scooter bearing registration No. HP-23A- 1229, which was going from Barthin towa