State of H.P. vs Vikash @ Sonu - 2025 Supreme(HP) 1490

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1490

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

Advocates Appeared:
For the Appellant :Mr. Lokender Kutlehria, Additional Advocate General.
For the Respondent:Mr. Dheeraj Vashisht, Advocate.

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 19.11.2011 passed by learned Chief Judicial Magistrate, Kangra at Dharamshala (learned Trial Court) vide which the respondent (accused before learned Trial Court) was acquitted of the commission of offences punishable under Sections 279 and 337 of Indian Penal Code (hereinafter referred to as IPC) and Sections 181 and 196 of Motor Vehicles Act (MV Act). (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 and 337 of the IPC and Sections 181 and 196 of the MV Act. It was asserted that the informant, Darshan Kumar (PW1) and Prem Chand (PW2) were talking to each other on 04.04.2007 at a roadside at Sarnu. A motorcycle bearing registration No. HP44-0506 came from Rait at a high speed and hit the informant and Prem Chand at about 6:45 pm. The motorcyclists had not switched on the headlights. The informant and Prem