Order on Board

05.11.2024

1. Present Acquittal Appeal has been filed against the impugned judgment of acquittal dated 17.01.2023 passed by the learned Judicial Magistrate First Class, Raipur, in Criminal Case-20502 of 2015, whereby the respondent / accused has been acquitted from the offence of Section

304A of the IPC.

2. Brief facts of the case are that an accident took place on 12.12.2015 at about 8.15 am near Jhabak Petrol Pump, Ring Road-2, Hanuman Mandir, Sarora, Raipur by the offending Truck-MP09-HH-3092, who has dashed the Activa Scooty being driven by the complainant- Seturam Sahu, on which his mother-Ageshiya Bai (since deceased) was pillion rider. By the accident, Ageshiya Bai has died on the spot. FIR has been registered under Section 304A of the IPC, and after investigation, charge-sheet has been filed against the respondent before the learned JMFC Raipur. Charge under 304A of the IPC has been framed by the learned trial Court, in which respondent denied his guilt and claimed trial. 3. During the trial, prosecution could not produce any of the witnesses in support of their case, and the learned trial Court considering the fact that the case is pending since 2015, and despite various opportunities being granted to the prosecution to produce their evidence, they have failed to produce the same, and therefore, forfeited the right to lead evidence of the prosecution and have acquitted the respondent/accused from the alleged offence. The said judgment of acquittal is under challenge in the present appeal.

4. Learned counsel for the appellant/State would submit that despite various efforts made by the prosecution, including the bailable warrant against the witnesses, they could not turn up for recording of their evidence, and thereby, learned trial Court has acquitted the respondent/accused, and if, by allowing the appeal, one opportunity may be granted to them, the purpose of filing of this appeal would be served.

5. On the other hand, learned counsel for the respondent/accused would submit that the impugned judgment of acquittal passed by the learned trial Court is absolutely justified, which is in accordance with law and needs no interference by this Court.

6. Heard learned counsel for the parties, and perused the material produced in the appeal.

7. From perusal of impugned judgment, it reflects that case was pending before the learned trial Court since 2015, but the prosecution could not produce any of its witnesses in support of their case to prove the offence against the respondent/accused. Considering the length of trial, as also the prosecution has failed to prove its case by leading evidence in their support, the learned trial Court acquitted the respondent/accused. In absence of any evidence of the witnesses, no conviction can be made against any of the accused, only on the basis of the documents annexed with the charge-sheet.

8. In view of the facts and circumstances of the case, I do not find any good ground to interfere with the impugned judgment of acquittal passed by the learned trial court.

9. Accordingly, appeal filed by the State, against the accused respondent deserves to be, and it is hereby dismissed.

10. Record of the trial court along with copy of this judgment be sent back to the trial Court concerned.