STATE OF CHHATTISGARH Vs. PAWAN KUMAR VERMA

JUDGEMENT

(1.) The present petition has been filed by the State seeking leave to appeal under Sec. 378 (3) of the code of Criminal Procedure, 1973 assailing the judgment and order dtd. 31/12/2019 passed by Chief Judicial Magistrate First Class, Raipur, District Raipur (C.G.), in Criminal Case No. 2201/2017 acquitting the accused/respondent of the charge under Ss. 279 and 338 of Indian Penal Code.

(2.) Brief facts of the case are that on 14/1/2017 at 20.35, near Mukam-Nawab Garage, respondent/accused driving his car bearing registration No. CG-04-LH-0690 in rash and negligent manner dashed the motorcycle bearing registration No. CG-04-DK-8578 of the victim/injured Altaf Khan, as a result of which he sustained grievous injuries. Upon complaint made to the police station, FIR bearing Crime No. 50/2017 was registered under Ss. 279 and 337 IPC against the respondent/accused. Victim/injured Altaf Khan (PW/2) and was medically examined by Dr. Rajesh Patel (PW/4) who gave his report (Ex. P/4) noticing deformity of right hip with swelling and superficial abrasion on right thigh with swelling. The Doctor has opined that the injury on right hip was grievous in nature. After fling of the charge sheet, the trial Judge framed the charges against accused/respondent under Ss. 279 and 338 IPC.

(3.) So as to hold the accused/respondent guilty, the prosecution has examined 05 witnesses. Statement of the accused/respondent was also recorded under Sec. 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.