1 2025:CGHC:33344 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 152 of 2021 • State Of Chhattisgarh, Through Station House Officer, Police Station Abhanpur, District Raipur (C.G.). ... Appellant versus • Hemant Kumar Dhruwanshi S/o Makhan Lal Dhruwanshi, Aged About 23 Years, R/o Village Usarwara, Police Station Gurur, Tahsil And District Durg (C.G.). ... Respondent For Appellant/State : Mr. Arpit Agrawal, P.L. For Respondent : Mr. Vivek Kumar Shrivastava, Advocate. SB: Hon'ble Shri Justice Sanjay S. Agrawal Judgment On Board 16/07/2025 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 02/02/2019 passed by the Judicial Magistrate First Class, Raipur (C.G) in Criminal Case No.206/2008, whereby, the respondent has been acquitted with CHANDRAKANT DEWANGAN Digitally signed by CHANDRAKANT DEWANGAN Date: 2025.07.16 19:09:31 +0530 2 regard to the offence punishable under Sections 279 and 304-A of IPC. 2) Briefly stated, the case of the prosecution is, that on 18/09/2007, at about 08:30 PM, at village Kendri, opposite to Rajdhani Dhaba, National Highway No.43, under the Police Station, Abhanpur of District Raipur, the respondent, while driving the vehicle in question (Tata Pick-up) bearing its registration No.CG05-C-5297 in a rashness and negligent manner dashed the deceased- Shivlal Sahu, who was standing on the road, due to which, he sustained grievous injuries on his body and succumbed to those injuries. Based upon the alleged incident, a Dehati Nalishi (Ex.P-1) and, a merg intimation (unnumbered) Ex.P-2 was lodged by one Toranlal Sahu, the brother of the deceased- Shivlal Sahu, before the Police Station, Abhanpur on the date of the incident itself and, an FIR in connection with Crime No.289/2007 was, accordingly, registered on 18/09/2007 against the respondent- Hemant Kumar Dhruwanshi for the offence punishable under Sections 279 and 304-A of IPC. Inquest of the dead body was conducted vide Ex.P-4 and was sent for autopsy, which was conducted by Dr. R.K. Singh, who vide his report, opined the cause of death to be hemorrhage and shock occurred due to the injuries on his body and after completing the usual investigation, a charge-sheet was submitted before the Judicial Magistrate First Class, Raipur for the offence mentioned herein-above and, the charges, so framed, were denied by him and claimed to be tried. 3 3) The trial Court, after considering the evidence led by the prosecution, arrived at a conclusion that the prosecution has failed to establish the fact that on the said fateful day, the respondent- Hemant Kumar Dhruwanshi, while driving the vehicle in question, in a rash and negligent manner, has dashed the deceased- Shivlal Sahu and accordingly, he has been acquitted from the commission of the alleged offence and, being aggrieved, the instant appeal has been preferred. 4) Learned Counsel appearing for the appellant/State submits that the finding recorded by the trial Court holding that the respondent is not guilty for the commission of the alleged crime is, apparently contrary to the materials available on record, inasmuch as, the evidence led by the prosecution, particularly the statement of Toranlal Sahu (PW- 1), the brother of the deceased and, one Santosh Kumar (PW-2), the eye witness, have not been scanned in its proper manner and thereby, erred in acquitting him, as such. 5) On the other hand, learned counsel appearing for the respondent, while referring to the statement of said Toranlal Sahu (PW-1), submits that he has, however, failed to state that on the said fateful day, the vehicle in question was being driven by the respondent- Hemant Kumar Dhruwanshi, as he has disclosed his name only at the instance of the Police and, that by referring to the statement of Santosh Kumar (PW-2), it is contended further that the incident was occurred in the morning around 09:00 to 09:30 AM, according to the said witness, whereas, as per the prosecution, it was alleged to have 4 been occurred in the night around 08:30 PM, therefore, in view of such gross disparities in their statements, the trial Court has not committed any illegality in acquitting him from the commission of the alleged offence. 6) I have heard learned counsel appearing for the parties and perused the entire record carefully. 7) From perusal of the record, it appears that the respondent-Hemant Kumar Dhruwanshi has been charge-sheeted with regard to the offence punishable under Sections 279 and 304-A of IPC, with regard to the incident occurred on 18/09/2007 at about 08:30 PM, when the deceased, namely, Shivlal Sahu was dashed vehemently by the respondent- Hemant Kumar Dhruwanshi, while driving the vehicle in question (Tata Pick-up) bearing its registration No.CG05- C-5297 in a rash and negligent manner, owing to which, he sustained grievous injuries and died. 8) In order to establish the alleged allegations, the brother of the deceased, namely, Toranlal Sahu was examined as PW-1 and according to his testimony, it appears that though, it was stated by him at paragraph-1 that his brother was dashed vehemently by the respondent, while driving the alleged offending vehicle ,in a rash and negligent manner, but in his cross-examination, particularly at paragraph 8, it was deposed by him that he has neither disclosed the name of the driver at the time of lodging the Dehati Nalishi (Ex.P-1) and the merg intimation (Ex.P-2), nor has disclosed the fact that he has seen the driver of the alleged offending vehicle and, 5 stated further that he has disclosed the name of the said respondent at the instance of Police. The statement of him, therefore, cannot be relied upon. 9) Insofar as, the statement of Santosh Kumar (PW-2) is concerned, it, however, appears from his testimony that the incident had occurred in the morning around 09:00 to 09:15 AM, however, as per the prosecution, the incident is alleged to have been occurred in the night around 08:30 PM. In view of such a variance, it is difficult to place reliance upon his testimony in order to attribute the respondent for the commission of the alleged crime. No cogent and reliable evidence has, thus, been placed on record that on the said fateful day, the deceased- Shivlal Sahu was dashed vehemently by the respondent, while driving the alleged offending vehicle in a rash and negligent manner, so as to call for any interference in the order of acquittal, as passed by the concerned trial Court. 10) The appeal, being devoid of merit is, accordingly, dismissed. -Sd/- (Sanjay S. Agrawal) Judge Chandrakant