Single Bench order dismissing State's Criminal Miscellaneuous Petition challenging acquittal in rash and negligent driving case. Court relied on precedent to uphold trial court's view that evidence was insufficient for rashness/negligence.
Petition for leave to appeal under Section 378 Cr.P.C. dismissed; acquittal of accused upheld.
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
Cr.M.P No. 625 of 2021
State Of Chhattisgarh Through Police Station Dantewada, District Dantewada Chhattisgarh. ---- Petitioner
Versus
Mithun Kumar S/o Gopal Ram Aged About 28 Years R/o Sanjay Nagar, Ward, House Of Dhirendra Pratap Singh Infront Of Bsnl Office, Police Station Dantewada District South Bastar Dantewada Chhattisgarh ---Respondent
For Petitioner/State: Shri Gurudev I Sharan, G.A. For Respondent: Shri Akhtar Hussain, Advocate.
Single Bench:Hon'ble Shri Deepak Kumar Tiwari J Order On Board
05.01.2022
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(Deepak Kumar Tiwari) JUDGE
Priya
2 issues framed by the court
Whether the finding of acquittal by the trial court on insufficient evidence regarding rash and negligent driving is sustainable.
Whether the law requires that if two views of evidence are possible, the view favourable to the accused must be accepted.
Colour shows how this judgement treated each authority
State of Karnataka vs. SatishRelied on¶17
(1998) 8 SCC 493 · Who else cites this
3 provisions across 2 enactments
State Of Chhattisgarh Through Police Station Dantewada
Mithun Kumar S/o Gopal Ram
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
