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2025 Supreme(Online)(HP) 6127

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
Chaina Ram – Appellant
Versus
State of H.P. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Ashish Verma
For the Respondents: Mr. Jitender K. Sharma

Table of Content
1. the incident details leading to the appellant's conviction are outlined. (Para 2)

Rakesh Kainthla, Judge

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 off offences punishable under Section 279 , 337 and 338 of the Indian Penal Code (IPC) and Section 181 of the Motor Vehicles Act (M.V. Act). It was asserted that the informant Subhash Chand (PW-1) and his son Akshay Kumar (PW-2) were going to Beed on 11.03.2003. They were waiting for a bus at the old bus stand in Palampur. A bus bearing registration No. HP53-2713 came to the bus stand. Akashay Kumar was boarding the bus when the driver suddenly started it. Akshay fell, and his left leg was crushed under the rear tyre of the bus. The accused Chaina Ram was driving the bus. The accident occurred due to the negligence of the accused, who was attempting to overtake another bus. An intimation was given to the police. The police recorded an entry in the daily diary and sent Onkar Singh (PW-10), Gurbachan and HHC Ram Rattan to the Sub Divisional Hospital, Palampur, to verify its correctness. The informant made a stat

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