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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Raj Kumar @ Rajesh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. armed trespass, grievous hurt, property damage alleged. (Para 2 , 3 , 4 , 5) |
| 2. lower courts convicted, appeal dismissed. (Para 6 , 7) |
| 3. contradictions, enmity, false implication claimed. (Para 8 , 10) |
| 4. revisional jurisdiction limited absent perversity. (Para 9 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. injured witnesses, medical evidence reliable. (Para 11) |
| 6. injured witnesses presumptively credible. (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 7. defective investigation not fatal. (Para 25 , 26 , 27 , 28 , 29) |
| 8. eyewitnesses mutually corroborate victims. (Para 30 , 31 , 32 , 42 , 43 , 44 , 45) |
| 9. confront witness with prior contradictions. (Para 33 , 34 , 35 , 36) |
| 10. hostile witness unreliable due enmity. (Para 37 , 38 , 39 , 40 , 41) |
| 11. conviction, sentence upheld; revision dismissed. (Para 46 , 47 , 48 , 49 , 50) |
JUDGMENT :
Rakesh Kainthla, J.
The present revision is directed against the judgment 13.06.2014 passed by learned Additional Sessions Judge, Kullu, District Kullu, H.P. (learned Appellate Court), vide which judgment of conviction dated 16.03.2013 and order of sentence dated 23.03.2013, passed by learned Chief Judicial Magistrate, Lahul Spiti at Kullu, District Kullu, H.
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