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2025 Supreme(HP) 1507

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


Advocates Appeared:
For the Appellant : Jitender Sharma
For the Respondent: Aruna Sharma

JUDGMENT :

RAKESH KAINTHLA, J.

1. The present appeal is directed against the judgment dated 18.05.2013, passed by learned Judicial Magistrate First Class, Rajgarh, Camp at Sarahan, District Sirmaur, H.P. (learned Trial Court) vide which the respondent (accused before learned Trial Court) was acquitted of the commission of offences punishable under Sections 279, 337 and 338 of Indian Penal Code (in short “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 a bus was going from Mangarh towards Solan, and a pick-up bearing registration No. HP-71-0971 was going towards Mangarh on 15.05.2010 at 08:15 am. The driver of the pickup reversed his vehicle to enable the bus to pass. Yashpal (PW4) and Bhupinder Singh (PW5) were sitting on the motorcycle bearing registration No. HP-14A-0729, which was parked on the roadside. The pickup hit the motorcycle. Yas

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