Order on Board

06.11.2023

1) This appeal has been filed under Section 378 (1) of Code of Criminal Procedure, 1973 (for Short Cr.P.C) has been filed by the appellant/State being aggrieved by the judgment dated 03/02/2015 passed in Criminal Case No. 3981 of 2012 by the Judicial Magistrate Second Class, Raipur (C.G) by which the respondent/ accused was acquitted for the charges for an offence punishable under Sections 279, 338 of the Indian Penal Code, 1860 (for short IPC).

2) Case of the prosecution in nutshell is that on 19/08/2012, the injured Rajuram Bais (PW-1) was coming back to his house at Chhattisgarh Nagar Raipur, after dropping his wife and children to village Boriakala, riding on his Motorcycle bearing registration No. CG-04-C-2-9350. At about 7.15 pm in the evening, as he reached chocolate factory near the canal culvert, the respondent/ accused driving the offending vehicle i.e. motorcycle bearing registration No. CG-04-DK-1372 rash and negligently and dashed to the motorcycle of the injured, as a result of which, he sustained injuries on his nose, head and above the eyes. His Motorcycle also damaged. Then 108 vehicle was immediately called and he was taken to Ramkrishna Ca