The High Court of Chhattisgarh, in a criminal reference application, condoned delay and dismissed the reference. Finding no witness to the mode of the accused's driving, the court held the trial court failed to err by acquitting the respondent under IPC 279 and 304(A).
Leave to appeal is refused and the Criminal Reference petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 1404 of 2020
State of Chhattigarh through Police Station Marwahi, District Bilaspur (C.G.).
---- Applicant
Versus
Rajesh Yadav, S/o Shri Mayaram Yadav, Aged about 40 years R/o Village Larkeni, Police Station- Marwahi, District Bilaspur (C.G.)
--Respondent
For Applicant : Mr. Afroj Khan, PL For Respondent : None.
Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board
12/01/2022
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negligently caused accident on 10/01/2017 at village Larkeni and due to that accident Amar Singh who was the pillion rider fell down and sustained injuries and subsequently died during course of treatment at CIMS, Bilaspur on 16/01/2017. Crime No. 14/2017 was registered. After completion of investigation, a charge-sheet was filed against the accused. In order to prove his case the prosecution has examined as many as 4 witnesses whereas the defence has not adduced any witness and stated in his statement that he had been falsely implicated in the present case. By way of the impugned order the trial Court appreciated the evidence and acquitted the respondent from the charges framed against him.
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was driving the motorcycle at the time of accident. Sohan (PW4), son of the Deceased reached to the place of occurrence after the incident.
Sd/(Deepak Kumar Tiwari) Judge
rahul
2 issues framed by the court
Whether the delay in filing the Additional Special CRIMINAL Reference should be condoned.
Whether the trial Court erred in acquitting the respondent given the prosecution evidence regarding rash and negligent driving.
2 provisions across 2 enactments
State of Chhattisgarh through Police Station Marwahi, District Bilaspur
Rajesh Yadav
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
