State of H.P. vs Dhruv Dev - 2026 Supreme(HP) 365

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 365

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

Advocates:
Advocate Appeared:
For the Appellant :Mr Jitender Sharma, Additional Advocate General
For the Respondent:Mr Lakshay Thakur, Advocate

JUDGMENT :
Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 25.8.2014, passed by learned Additional Chief Judicial Magistrate, Palampur, District Kangra, HP (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 and 338 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 and 338 of the IPC. It was asserted that informant Sada Nand (PW2) was returning to his home on a motorcycle bearing Registration No. HP-37B-2988, which was being driven by Banti @ Vivek Kumar (PW3). A car bearing the registration no. HP-39B-2236 overtook another car near Dairy Farm and hit the Motorcycle. The informant Sada Nanad (PW2) and Vivek Kumar (PW3) sustained injuries. Baldev Singh (PW5) took the injured to the Hospital. The accident occurred d