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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Bhag Singh – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. background of accident investigation and lower courts' conviction (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. parties' contentions on negligence proof and revision scope (Para 8 , 9 , 10 , 11) |
| 3. revisional jurisdiction limited to patent errors or perversity (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 4. eyewitnesses describe negligent bus overtaking motorcycle (Para 18 , 19 , 20 , 21) |
| 5. corroborative evidence reliable; defenses and mechanic rejected (Para 22 , 23 , 24 , 25 , 26 , 27) |
| 6. overtaking on curve with oncoming vehicle negligent (Para 28 , 29 , 30) |
| 7. rash driving caused proven injuries to victims (Para 31) |
| 8. cases distinguished; deterrent sentence bars probation (Para 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 9. revision dismissed upholding conviction and sentence (Para 39 , 40 , 41) |
JUDGMENT :
RAKESH KAINTHLA, J.
1. The present revision petition is directed against the judgment dated 12.10.2015 passed by learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P. (learned Appellate Court) in Criminal Appeal No. 33/10 of 2015 vide which the judgment of conviction and the order of sentence dated 18.05.2015 passed by learned Judicial Magistrate 1st Class, Court No.2, Ghumarwin
Revisional jurisdiction limited; cannot reappreciate evidence without perversity. Overtaking motorcycle on curve amid oncoming traffic is rash negligence under IPC Sections 279/337; probation inappli....
Revisional jurisdiction limited to patent errors or perversity; no re-appreciation of evidence; overtaking on wrong side while ignoring oncoming traffic constitutes rash negligence justifying convict....
Revisional court cannot reappreciate evidence to upset concurrent convictions under IPC Sections 279, 337, 338 absent perversity; driving on wrong side of narrow curve without precautions constitutes....
Revisional court acquits of rash driving/death charges where site plan shows victim vehicle on wrong side, speed unquantified, negligence opinions inadmissible; upholds conviction for fleeing without....
Revisional court cannot reappraise evidence unless perverse; wrong-side driving at high speed is negligent causing hurt under IPC 279/337/338; probation denied in road injury cases for deterrence.
The court held that concurrent findings of two lower courts regarding negligence and causation in a motor vehicle accident are binding unless proven erroneous, reinforcing limitations on the scope of....
In appeal against acquittal for rash driving causing death, uphold trial court's reasonable view based on photographic evidence and site plan showing truck on wrong side over eyewitnesses, unless pat....
Negligent driving resulting in injuries constitutes a violation of IPC Sections 279, 337, and 338, warranting conviction and deterrent sentencing.
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