Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Kushal Kumar – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. tempo negligently hit motorcycle on narrow curve. (Para 1 , 2) |
| 2. prosecution proved case; accused denied guilt. (Para 3 , 4 , 5) |
| 3. lower courts upheld conviction for negligence. (Para 6 , 7) |
| 4. contradictions alleged; motorcyclist negligent claimed. (Para 8 , 10) |
| 5. accused failed to provide space on curve. (Para 11) |
| 6. revisional court limits to patent errors, no reappreciation. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 7. witnesses confirmed accused drove the tempo. (Para 19 , 20 , 21 , 22) |
| 8. tempo on wrong side caused collision. (Para 23 , 24 , 25 , 26 , 27) |
| 9. driving on right side constitutes negligence. (Para 28 , 29 , 30 , 31) |
| 10. grievous injuries proved by medical evidence. (Para 32 , 33) |
| 11. no probation for rash driving offences. (Para 34 , 35 , 36 , 37 , 38 , 39) |
| 12. sentences adequate; revision petition dismissed. (Para 40 , 41 , 42 , 43) |
JUDGMENT :
RAKESH KAINTHLA, J.
1. The present revision is directed against the judgment dated 23.06.2016, passed by learned Additional Sessions Judge-III, Kangra at Dharmshala, Circuit Court at Palampur, District Kangra, H.P. (learned Appellate Court), vide which the judgment of conviction and order of sentence dated 27.06.2011
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 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.
Negligent driving resulting in injuries constitutes a violation of IPC Sections 279, 337, and 338, warranting conviction and deterrent sentencing.
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....
Negligence in driving leading to injury constitutes a violation under Sections 279 and 337 IPC, affirming strict liability for road traffic offenses.
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....
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; cannot reappreciate evidence without perversity. Overtaking motorcycle on curve amid oncoming traffic is rash negligence under IPC Sections 279/337; probation inappli....
Revisional court acquits of rash driving/death charges where site plan shows victim vehicle on wrong side, speed unquantified, negligence opinions inadmissible; upholds conviction for fleeing without....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
