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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA, J.
Dharam Pal - Petitioner
Versus
State of H.P - Respondent
Cr. Revision No. 166 of 2015
Decided On : 24-11-2025
| Table of Content |
|---|
| 1. facts of tempo accident due to negligent driving. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. accused contends evidence contradictions favor acquittal. (Para 8 , 9 , 10 , 11) |
| 3. revisional jurisdiction limited; no evidence reappreciation. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. witness pw6 proves negligent right-side parking. (Para 21) |
| 5. wrong-side parking breaches regulations causing injury. (Para 23) |
| 6. eyewitness pw1 corroborates negligent driving. (Para 24 , 25) |
| 7. pw2 inconsistencies rejected; brakes functional, negligence persists. (Para 26 , 27 , 28) |
| 8. site plan confirms extreme right-side driving. (Para 29 , 30) |
| 9. wrong-side driving constitutes rash negligence under section 279. (Para 31 , 32 , 33 , 34) |
| 10. grievous hurt proved under section 338 ipc. (Para 35) |
| 11. deterrent sentence mandatory for rash driving. (Para 36 , 37 , 38) |
| 12. revision dismissed; convictions and sentence upheld. (Para 39 , 40 , 41 , 42) |
JUDGMENT :
Rakesh Kainthla, J.
The present revision is directed against the judgment dated 08.05.2015, passed by learned Additional Sessions Judge- I, Mandi, District Mandi, H.P. (learned Appellate Court), vide which the judgment of conviction and order of sentence dated 25.10.2024 passed by learned Judicial Magistrate First Class, Karsog, District Mandi, H.P. (learned Trial Court) were partly 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 before the learned Trial Court for the commission of offences punishable under Sections 279, 337 and 338 of the Indian Penal Code (IPC). It was stated that the informant, Narender Kumar (PW1), was standing outside his shop. Hem Kund (PW7) was standing on the roadside near Parapet. A tempo bearing registration No. HP30- 2276 came from Karsog on September 13, 2013, at approximately 2:30 PM. The driver of the tempo lost control and hit Hem Kund (PW7). The tempo crushed the left foot of Hem Kund (PW7). Dharampal (accused) was driving the tempo at the time of the accident. The accident occurred due to the negligence of the accused, Dharampal. The matter was reported to the police. An entry (Ext.PW9/A) was recorded in the Police Station. HC Ranjeet Singh (PW3) investigated the matter. He went to the spot. He recorded statement (Ext.PW1/A) of the informant Narender (PW1) and sent to the Police Station where FIR (Ext.PW3/B) was registered. He prepared the site plan (Ext.PW3/D). He seized the tempo vide memo (Ext.PW1/B) along with documents and the key. He took the photographs (Ext.P1 to Ext.P5) whose negatives are Ext.P6 and Ext.P7. An application (Ext.PW3/K) was filed for the medical examination of the injured/victim. Ghanshyam Dass (PW4) conducted the medical examination of the victim Hem Kund (PW7) and found that he had sustained grievous injuries. He issued the MLC (Ext.PW4/B). Keshva Nand (PW10) mechanically examined the tempo and found that there was no mechanical defect in it that could have led to the accident. He issued the report (Ext.PW10/A). The statements of witnesses were recorded as per their version, and after the completion of the investigation, the challan was prepared and presented before the learned Trial Court.
3. The learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, the learned Trial Court put notice of accusation to the accused for the commission of offences punishable under Sections 279, 337 and 338 of the Indian Penal Code, to which he pleaded not guilty and claimed to be tried.
4. The prosecution examined 10 witnesses to prove its case. Narender Kumar (PW1) is the informant/eye witness. Paras Ram (PW2) and Budhi Singh (PW6) were travelling in the tempo. Ranjeet Singh (PW3) conducted the initial investigation. Ghanshyam Dass (PW4) medically examined the victim. ASI Sohan Lal (PW5) and ASI Dilu Ram (PW8) investigated th
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....
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....
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 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....
Negligence in driving leading to injury constitutes a violation under Sections 279 and 337 IPC, affirming strict liability for road traffic offenses.
Revisional jurisdiction narrowly limited against concurrent convictions; negligence proved by high-speed wrong-side driving causing vehicle to hit pedestrians, parapet and overturn, absent mechanical....
Negligent driving resulting in injuries constitutes a violation of IPC Sections 279, 337, and 338, warranting conviction and deterrent sentencing.
Revisional jurisdiction limited to patent errors or perversity, not reappreciating concurrent findings; high speed in crowded area causing loss of control despite sudden obstacle constitutes driver n....
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