Sambhu Nath vs State Of Jharkhand
2021 Latest Caselaw 2829 Jhar

                                      1

           IN THE HIGH COURT OF JHARKHAND AT RANCHI

                          Cr. Revision No. 760 of 2012

           Sambhu Nath      ...    ...     ...     Petitioner
                            Versus
         State of Jharkhand      ...     ...     Opp. Party
                             ---

CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

---

For the Petitioner : Mr. Rishi Pallava, Advocate For the Opp. Party : Ms. Priya Shrestha, A.P.P.

Through Video Conferencing

5/10.08.2021

1. Heard Mr. Rishi Pallava, learned counsel appearing on behalf of the petitioner.

2. Heard Ms. Priya Shrestha, learned counsel appearing on behalf of the opposite party-State.

3. Learned counsel for the petitioner submits that the impugned judgements are perverse in as much as the learned appellate court has recorded a finding that there was rash and negligent driving from the side of the petitioner but there is no evidence to that effect. He submits that the witnesses have merely stated that the vehicle was being driven with speed. Learned counsel submits that merely because the vehicle was being driven with speed, by itself does not amount to rash and negligent driving. He has referred to the judgment passed by the Hon'ble Supreme Court reported in 1998 (8) SCC 493 (State of Karnataka vs. Satish) para-4 and also the judgment passed by this court in Cr. Revision No. 795 of 2014.

4. Learned counsel has also submitted that the petitioner was made accused in this case on the basis of disclosure made by the owner of the vehicle to the Investigating Officer of the case that the petitioner was driving the vehicle, but the owner of the vehicle has not been examined before the learned court below as witness. However, during the course of argument, learned

counsel for the petitioner does not dispute the fact that the P.W. 1 and P.W. 2 who claimed to be the eye witness had identified the petitioner in the court.

5. Learned counsel for the State Ms. Priya Shrestha prays for time to examine the aforesaid two judgments relied upon by the petitioner.

6. Post this case on 11.08.2021.

(Anubha Rawat Choudhary, J.) Binit/