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 was lodged by one Pyarelal before the Police Station Dharsinwa, NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.05.02 19:24:35 +0530 2 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 3 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