IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Chiranji Lal – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
1. The present revision is directed against the judgment dated 16.9.2014, passed by learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P. (learned Appellate Court), vide which the judgment of conviction and order of sentence dated 11.4.2014, passed by learned Judicial Magistrate First Class, Court No. 3, Ghumarwin, District Bilaspur, HP (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 and 337 of the Indian Penal Code (IPC). It was asserted that the informant, Batan Singh (PW1), was working as Sub Divisional Officer (SDO) in the HP State Electricity Board (HPSEB), Bilaspur Circle. He was driving the vehicle bearing registration No. HP-23B-1459 on 18.5.2007. He reached the Ghumarwin Bazar, where Jagdish Singh (PW2) and Daulat Ram met him. They boarded the vehicle, and all of them proceeded towards Dadhol. A truc

Negligence in driving leading to injury constitutes a violation under Sections 279 and 337 IPC, affirming strict liability for road traffic offenses.
Revisional court cannot reappreciate evidence to upset concurrent convictions under IPC Sections 279, 337, 338 absent perversity; driving on wrong side of narrow curve without precautions constitutes....
Revisional jurisdiction limited to patent errors or perversity; no re-appreciation of evidence; overtaking on wrong side while ignoring oncoming traffic constitutes rash negligence justifying convict....
Revisional court upholds concurrent convictions for rash driving, drunk driving causing death where evidence shows wrong-side driving, high intoxication, absent perversity; limits interference to jur....
Revisional court cannot reappraise evidence unless perverse; wrong-side driving at high speed is negligent causing hurt under IPC 279/337/338; probation denied in road injury cases for deterrence.
The court held that concurrent findings of two lower courts regarding negligence and causation in a motor vehicle accident are binding unless proven erroneous, reinforcing limitations on the scope of....
Driving recklessly and losing control of a vehicle causing injury or death constitutes negligence, warranting conviction under Sections 279, 337, 338, and 304-A IPC.
Revisional jurisdiction limited: no reappreciation of evidence to upset concurrent conviction for rash driving (wrong side/parking too close on slope causing grievous hurt) absent perversity or juris....
Negligent driving resulting in injuries constitutes a violation of IPC Sections 279, 337, and 338, warranting conviction and deterrent sentencing.
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