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2025 Supreme(HP) 1548

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


Advocates Appeared:
For the Petitioner:Mr. Rajesh Mandhotra, Advocate.
For the Respondent:Mr. Jitender Sharma, Additional Advocate General.

JUDGMENT :

RAKESH KAINTHLA, J.

The present revision is directed against the judgment dated 08.07.2014 passed by learned Additional Sessions Judge (III), Kangra at Dharamshala camp at Palampur, (learned Appellate Court), vide which judgment of conviction and order of sentence, passed by learned Judicial Magistrate, First Class (I), Palampur, District Kangra, H.P. (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 for the commission of offences punishable under Sections 279, 337, 338, and 304-A of the Indian Penal Code, 1860 (IPC) and Section 181 of the Motor Vehicles Act, 1988 (MV Act).It was asserted that the informant Krishan Chand was returning to his home in the vehicle bearing registration number HP- 53-3822 on 9th February 2007. The accused was driving the vehicle. 20-21 people were travelling in the vehicle. The accused could not control the vehicle due to its high speed, and the vehicle fell into a gorge. The informant and other occupants su



















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