Dismissed

State Of Chhattisgarh v. Ashok Kumar

Chhattisgarh HC11 Jan 2023CRMP/1298/2017

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh dismissed the State's petition for leave to appeal against an acquittal. The Court held that prosecution witnesses, who testified against the accused, admitted during cross-examination that they did not know who was driving the vehicle, thereby failing to prove the prosecution case.

What did the court decide?

The petition for leave to appeal is dismissed as the finding of acquittal cannot be faulted in light of prosecution witness statements.

State Of Chhattisgarh Vs Ashok Kumar — Criminal Trial and Appeal | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No.1298 of 2017

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State of Chhattisgarh, through Police Station Lakhanpur, Distt. Surguja (CG)

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---- Appellant

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Versus

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Ashok Kumar S/o Karmu Ram, aged 42 years, R/o Village Nunera, Dumartikara, PS Lakhanpur, Distt. Surguja (CG)

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---- Respondent Accused

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For Appellant	: Mr. Sameer Uraon, Govt. Advocate.
For Respondent	: Mr. AK Yadav and Mr. Pramod
	Shrivastava, Advocates.

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Hon’ble Smt. Justice Rajani Dubey Order On Board

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11/01/2023

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By this petition, the State/appellant is seeking leave to appeal under Section 378(3) of CrPC against the judgment dated 27.1.2017 passed by the Judicial Magistrate First Class, Ambikapur, Surguja in Criminal Case No.5233/2012 acquitting the respondent of the charges under Sections 279, 337 and 338 of IPC.

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As per the prosecution case, on 26.10.1999 at around 12 in the night at Village Udaipur, Salka turning, which is a public place, the respondent/accused drove Tractor bearing registration No. MP 27 B/3683 attached with a trolley in a rash and negligent manner endangering the human life and thereby voluntarily caused simple hurt to injured persons namely Dara Singh, Purushottam Ram, Sanju Mishra, Uma Shankar Mishra, Moharmati, Parvati, Harinarayan, Vimla, Murudhwaj, Thumadi, Jashila, Parmeshwari, Matwar Ram, Kishore Kumar and Dariyar and grievous hurt to injured Mando, Piyaso Bai, Narayan Singh, Samliya Bai and Dilmet.

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Learned counsel for the State/appellant submits that the impugned judgment of acquittal is per se illegal and contrary to the evidence available on record. PW-2 Manddev and PW-3 Samliya Bai have categorically stated against the respondent/accused regarding his rash and negligent driving of the vehicle but the trial Court did not consider the same properly. Therefore, there is a prima facie case for grant of leave to appeal against the impugned judgment of acquittal.

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On the other hand, learned counsel appearing for the respondent/accused submits that the trial Court after due appreciation of the overall evidence on record has rightly recorded a finding in para 12 of the impugned judgment that the prosecution has failed to prove its case against the respondent/accused beyond reasonable doubt and acquitted him of all the charges.

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Heard learned counsel for the parties and perused the material available on record.

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From perusal of the depositions of PW-2 and PW-3 it is clear that they have admitted in the cross-examination that they did not know as to who was driving the offending vehicle at the time of incident. All the material prosecution witnesses have not supported the prosecution case. In these circumstances, the finding of acquittal recorded by the trial Court cannot be faulted with. Hence no case for grant of leave is made out. Accordingly, the instant petition being without any substance is hereby dismissed.

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sd/ (Rajani Dubey) Judge

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Khan

State Of Chhattisgarh v. Ashok Kumar

Case brief

What is this about?

What did the court decide?

State Of Chhattisgarh v. Ashok Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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