2024:CGHC:26150 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1655 of 2023 State Of Chhattisgarh Through- Police Station Kharora, District : Raipur, Chhattisgarh ... Petitioner versus Rupesh Kumar Sahu @ Chhotu S/o Lakhanlal Sahu Aged About 32 Years R/o - Rasni, Police Station Near BSNL Office, Police Station Arang, District : Raipur, Chhattisgarh ---- Respondent For Petitioner/State : Mr. Ajit Singh, Government Advocate Hon'ble Shri Justice Arvind Kumar Verma

Order on Board

19/07/2024

1. Heard finally.

2. Learned counsel for the petitioner/State has sought leave to appeal against the impugned judgment of acquittal dated 08.08.2022 passed by the Judicial Magistrate First Class, Raipur (C.G.) in Criminal Case No.4028/2018, whereby the respondent/accused has been acquitted from the offence punishable under Section 279, 337 & 338 (twice) of IPC, holding that the prosecution failed to prove the charge beyond reasonable doubt against the accused.

3. Case of prosecuction in brief is that there is an allegation that on

02.06.2018, Village Ghivra in front of house of Bihari Dhimar, Main Road coming under jurisdiction of Police Station Kharora, Raipur, which is also a public road, the accused committed offence of rashly and negligently driving a white coloured Scorpio Car bearing registration no. CG-04-KT-5842, thereby hitting the utensils of complainant Dhanesh Baghel, kept on barrow (हाथ ठेला) endangering human life and caused simple hurt. The alleged vehicle also hit the barrow carrying utensils of Shatrughan Bandhe so also hitting the motorcycle bearing registration no. CG.-06-G.J.-4022 and its rider Basant Ratre. As a result, the complainant/Basant Ratre sustained grievous injury.

4. During the course of investigation, Section 338 of IPC was incorporated and on finding evidence against the accused, he was arrested and was released on bail after completing the investigation, chargesheet against the accused was filed before the learned trial court.

5. In order to prove the charge against the respondent (accused), prosecution examined as many as 07 witnesses. Statement of appellant was also recorded under Section 313 of CrPC in which he pleaded innocence and false implication.

6. Learned counsel for the petitioner/State contended that the judgment/order of acquittal passed by the learned trial Judge is illegal, improper and incorrect and is liable to be set aside. He further contended that the learned Trial Court has failed to appreciate the evidence of Dhanesh Kumar Baghel (PW-5), who has categorically deposed that, the said vehicle was being driven by the accused respondent rashly and negligently which resulted in the accident, thereby committed an offence under Section 279, 337 and 338 (twice) of the IPC. The learned Trial Judge has given no reason as to why the evidence of Dhanesh Kumar Baghel (PW-5) is not taken into consideration which is a material piece of evidence. He further submits that the learned trial Court has acquitted the accused/respondent only on the basis of benefit of doubt. Therefore, for the foregoing grounds amongst others findings of acquittal recored by the learned trial Court is unjust. Hence, order dated 08.08.2022 passed by the learned trial Court be quashed/set aside.

7. I have heard learned counsel for the petitioner/State and perused judgment passed by the learned trial Court as well as other material available on record with utmost circumspection.

8. Dhanesh Kumar Baghel (PW-5) has stated in his cross examination that the registration number of the vehicle that caused the accident is CG-04-KT-5842. He do not know the name of the person who told him the registration number of the said vehicle. He further stated that he do not know whether a motorcycle crossed the road at the time of accident or not. He further stated that he personally do not know the registration number and name of the vehicle that caused the accident. He told the said registration number of the vehicle in question as per people's informa