Jog Raj vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1502

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

Advocates Appeared:
For the Petitioner:Mr. Rajesh Mandohtra, Advocate.
For the Respondent:Mr. Lokender Kutlehria, Additional Advocate General.

JUDGMENT :

Rakesh Kainthla, J.

The present revision is directed against the judgment dated 30.05.2015 passed by learned Additional Sessions Judge III, Kangra at Dharamshala, Circuit Court at Baijnath, District Kangra, H.P. (learned Appellate Court) vide which the judgment of conviction and order of sentence dated 03.10.2008, passed by learned Judicial Magistrate First Class, Palampur, District Kangra (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 and 304A of the Indian Penal Code (IPC). It was asserted that Neetu, the daughter of informant Bindu (PW1), had gone to the school on 24.05.2006. Pooja (PW2) and Jyoti told the informant that a tempo had hit Neetu, she had sustained multiple injuries, and she was taken to the hospital. The matter was reported to the police. HC Dev Raj (PW7) went to the hospital for verification of the information. He record