This high court acquitted appealed against a first class judicial magistrate acquittal finding respondent liable for traffic accident causing death.
Acquittal appeal failed and dismissed at motion stage; impugned judgment affirmed.
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
ACQA No. 284 of 2017
State Of Chhattisgarh Years, through The Police Station Pamgarh, District Janjgir- Champa, Chhattisgarh. --- Appellant.
Versus
Sanjay Gupta S/o Rammohan Gupta, Aged About 40 Years R/o Shivrinarayan, P. S. Shivrinarayan, District Janjgir- Champa.
--- Respondent.
(cause title downloaded from CIS Periphery)
For Appellant/State : Mr. Anand Verma, Dy. GA. For Respondent : None.
Hon'ble Mr. Justice Deepak Kumar Tiwari, J. Judgment On Board
12.01.2024
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Jagannathiya got grievous injuries and other persons have sustained injuries. Thereafter, Jagganathiya was referred to Hospital in Shivrinarayan and during treatment, she died. On the basis of aforesaid report, offences have been registered against the respondent.
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they have also not stated the manner in which the accident happened. The other witness Pitambar (PW-1) stated that he was not present at the spot. Even the investigating officer has not been examined by the prosecution. Except the aforesaid witnesses, no other evidence has been adduced by the prosecution to prove that the driver of the offending vehicle was driving the auto rickshaw in a rash and negligent manner and further, the evidence of Lonbai (PW-2) is not sufficient to establish the criminal negligence.
“25. While dealing with an appeal against acquittal by invoking Section 378 CrPC, the appellate court has to consider whether the trial court's view can be termed as a possible one, particularly when evidence on record has been analysed. The reason is that an order of acquittal adds up to the presumption of innocence in favour of the accused. Thus, the appellate court has to be relatively slow in reversing the order of the trial court rendering acquittal. Therefore, the presumption in favour of the accused does not get weakened but only strengthened. Such a double presumption that enures in favour of the accused has to be disturbed only by thorough scrutiny on the accepted legal parameters.”
Sd/-
(Deepak Kumar Tiwari) Judge Ajay
2 issues framed by the court
Whether the view of the trial court acquitting the accused is a possible one that should be affirmed in appeal.
Whether the evidence available against the accused was sufficient to establish criminal negligence.
Colour shows how this judgement treated each authority
Jafarudheen Vs. State of KeralaExplained¶25
Jafarudheen Vs. State of Kerala, (2022) 8 SCC 440 · Who else cites this
3 provisions across 3 enactments
State Of Chhattisgarh Years
Sanjay Gupta
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
