STATE OF CHHATTISGARH Vs. RAKESH @ GOPI PATLE

JUDGEMENT

(1.) This Acquittal Appeal filed by the appellant/State under Sec. 378(1) of the Cr.P.C. arises out of the judgment dtd. 23/5/2014 passed by the Judicial Magistrate First Class, Raipur in Criminal Case No. 31/2013, whereby the learned trial trial Court acquitted the respondent herein of the charge under Ss. 279, 338 of IPC and Ss. 3/181 & 146/196 of the Motor Vehicles Act (for short, the MV Act).

(2.) Brief facts as projected by the appellant/State are that on 31/12/2012 at about 8.00 pm, the injured Ramesh Kumar Markandey met with a motor accident near Gayatri Hospital caused by the respondent by driving his motorcycle bearing registration No.CG/04/CE/2955 (offending vehic le in short) in a rash and negligent manner. On receipt of such information, the complainant Umesh Kumar Markandey lodged a report, upon which, FIR was registered vide Ex.P.8 based on Ex.P.1, which is a Dehati Nalishi. During investigation, spot map was prepared vide Ex.P.2, the offending vehicle was seized vide Ex.P.3, medical reports were obtained and statements of the witnesses were recorded and thereafter, the respondent/accused was arrested on 11/1/2013 vide Ex.P.4.

(3.) After completion of investigation, charge sheet was filed against the accused/respondent before the Judicial Magistrate First Class, Raipur. The respondent abjured the guilt and claimed trial.