Chattisgarh High Court
State Of Chhattisgarh vs Basant Lal Sahu on 2 May, 2025
1
2025:CGHC:20201
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
ACQA No. 194 of 2021
State Of Chhattisgarh Through The Incharge, Police Station Dharsiwa,
District Raipur (C.G.)
... Appellant
versus
Basant Lal Sahu S/o Naresh Prasad Sahu, Aged 30 Years, R/o Village
Lolesara, Police Station Bemetara, District Bemetara (C.G.)
... Respondent
For Appellant : Shri Atanu Ghosh, Dy. Govt. Advocate.
For Respondent : Ms. Laxmi Gupta, Advocate appears on behalf of
Shri Akash Kumar Kundu, Advocate.
Single Bench : Hon'ble Shri Justice Sanjay S. Agrawal
Order on Board
02/05/2025
1. This appeal has been preferred by the appellant/State under
Section 378 of the Code of Criminal Procedure, 1973, questioning
the legality and propriety of the judgment dated 05/12/2016 passed
by the learned Judicial Magistrate First Class, Raipur (C.G.) in
Criminal Case No.223/2013, whereby, the respondent has been
acquitted with regard to the offence punishable under Sections 279
and 338 of IPC.
2. Briefly stated, the case of the prosecution is, that a complaint
NARESH by NARESH
was lodged by one Pyarelal before the Police Station Dharsinwa,
KUMAR Date:
KAMDE 2025.05.02
19:24:35 +0530
District Raipur alleging, inter alia, that on 19/04/2013 when his
brother, namely, Kaushal Kumar Sahu was coming from Sambalpur
to Mandhar by his Hero Honda motorcycle bearing Registration No.
C.G. 04 CV-7626, it was dashed by the offending vehicle 'Indica Car'
bearing Registration No.C.G. 07 AJ-1122 near Sarkan Nala, while
driving by its driver in a rash and negligent manner. It is alleged
further that on account of the alleged incident, his brother has
sustained injuries on his hand, leg and head and, was admitted
immediately to the Narayana Hospital at Raipur.
3. In order to establish the alleged fact that the alleged accident
was occurred due to rash and negligent driving by the respondent-
Basant Lal, the complainant-Pyarelal, who lodged the complaint,
was examined as PW-1. However, from his testimony, it appears
that he was not present, when the alleged incident was occurred
and, infact came to know regarding the alleged fact from others.
According to Mayaram Sahu (PW-2), the alleged incident was
occurred near the Village Dharsinwa and, he came to know
subsequently that the alleged accident was done by the offending
vehicle-Indica Car.
4. Banshidhar (PW-4) was the Investigating Officer and, it
appears from his testimony that the spot map was prepared on the
next day of the occurrence of the incident and, has not collected the
evidence from the persons residing nearby as to how the alleged
incident was occurred.
5. Kaushal Kumar (PW-5), the injured, who was coming from
Sambalpur to Mandhar by his motorcycle, stated that at that
particular time, one truck was going ahead of him, while another
truck was coming from opposite side and when both the trucks were
crossed, offending vehicle Indica Car came and dashed his vehicle
and on account of the alleged incident, he became unconscious. In
his cross-examination, it was stated that he came to know from
others that the vehicle in question i.e. Indica Car was being driven
by the respondent. Kush Sainik (PW-7) was the owner of the alleged
offending vehicle and, it appears from his testimony that he owns
three vehicles and three drivers, but, was not aware that who was
driving the alleged vehicle on the date of the incident.
6. It, thus, appears from the aforesaid evidence led by the
prosecution that none of the witnesses have stated anywhere that
on the date of occurrence of the incident, the alleged offending
vehicle was being driven by the respondent-Basant Lal, or it was
being driven rashly and negligently by its driver, so as to hold that
the respondent-Basant Lal Sahu is responsible for the occurrence of
the alleged incident.
7. In view of the aforesaid background, I do not find any infirmity
in the impugned judgment of acquittal passed by the trial Court
acquitting the respondent from the commission of the alleged
offence.
8. The appeal being devoid of merit, is accordingly dismissed.
Sd/- Sd/-
(Sanjay S. Agrawal)
JUDGE
Kamde
