2024:CGHC:29286 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 101 of 2022 State Of Chhattisgarh Through Police Station Udaipur, District Surguja (Chhattisgarh), District : Surguja (Ambikapur), Chhattisgarh ... Petitioner versus Jhulan Ekka S/o Mangal Ekka Aged About 41 Years R/o Keshgawa, Patra- para, Police Station Udaipur, District Surguja (Chhattisgarh), District : Sur-

guja (Ambikapur), Chhattisgarh ... Respondent -------------------------------------------------------------------------------------------------------------

For State : Mr. Ajit Singh, Govt. Advocate -------------------------------------------------------------------------------------------------------------

Hon'ble Shri Arvind Kumar Verma, Judge

Order on Board

06.08.2024

1. Heard finally.

2. The State has sought leave to appeal against the impugned judgment of acquittal dated 28.09.2021 passed in Criminal Case No. 1802/2016 by the Court of Judicial Magistrate First Class, Ambikapur, District Surguja (C.G.) acquitting the respondent from the charges punishable under Section 279,338 of the Indian Penal Code, 1860 and under Sections 3/181,146/196 of the Motor Vehicles Act in connection with Crime No. 70/2016, registered at Police Station Udaipur, District Surguja (C.G.).

3. Case of the prosecution, in brief, is that It has been alleged that the accused respondent on 20.06.2016 at about 12:30 drove the motorcycle Hero Honda bearing registration no. CG 15 CC 1702 rashly on a public road and endangered the safety of human life. On the said date, time and place of incident, the accused respondent while driving the said vehicle hastily and negligently, inflicted grevious injury to one Ramnarayan Yadav on his head, and genitals. The accused respondent plied the alleged vehicle on a public road without having any valid license and insurance. Thereafter, the matter was registered and after finding offences committed by the accused to be true under investigation, Section 3/181,64/196 was added.

4. Charge sheet was prepared and offences were found to be committed by the accused under Section 279,377 and 338 of the Indian Penal Code and under Section 3/181, 146/196 of the Motor Vehicles Act.

5. The accused abjured his guilt. During the course of examination Under Section 313 of Cr.P.C, the accused respondent pleaded himself to be innocent and stated to be falsely implicated. The accused respondent, however, presented no defense witness in his favour.

6. After appreciating the evidence on record learned trial court did not believe the evidence proving guilt of the respondent and therefore, acquitted him from the offence charged against him.

7. Mr. Ajit Singh, Government Advocate for the State would submit 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 submitted that the trial court has failed to appreciated the fact that, in present case, every witness was examined before the Trial Court and the same was supported the case of the prosecution and established the case beyond any reasonable doubt and on contrary, the learned Trial Court has acquitted the accused person in all reasonable doubts.

8. I have heard learned counsel for the State at length and perused the record with utmost circumspection.

9. Learned Judicial Magistrate First Class, Ambikapur, District Surguja (C.G.), while acquitting the respondent observed that PW-1 in his cross examination has stated that he was not present at the time of incident. He was on his duty. He was not at the incident spot, therefore he cant tell the speed of the vehicle. He cannot tell the registration no. of the vehicle. PW-2 also in his cross examination has stated that he cant tell through which vehicle the accident took place, but remembered the registration no. of the vehicle which was CG 15 CC 1702. He also stated that during the incident he was not in knowledge of the registration no. of the offending vehicle as he was unconscious at the time o