State Of Chhattisgarh v. Shivendra Singh Rathore
Case brief
What is this about?
Acquittal appeal (Acq. A. No. 236 of 2017) by State of Chhattisgarh under S.378(3) CrPC against acquittal under S.304(क) IPC of the tractor-trolley driver for the fatal accident of 02.12.2015 at village Pusnar, District Bilaspur (trial: CC No. 80/2016, judgment 10.04.2017, CJM Bilaspur); acquittal upheld on evidence of steering-breakage and resultant loss of driver control (auto expert AW-10; IO AW-8 admitting overturning at spot); principles in Mallappa v. State of Karnataka (2024) 3 SCC 544 applied; appeal dismissed on 22.04.2026; neutral citation 2026:CGHC:18415.
What did the court decide?
Apart from the eyewitness account of the deceased's father Chamuram Yadav (AW-1), who fully supported the prosecution case, the remaining prosecution witnesses were hearsay witnesses having no direct knowledge of the occurrence. ¶¶42