CaQMP CRIMINAL APPEAL NO. OF 2005 State of ghhattisgarh ThrOugh: Officer, P S District— Korlya( Station House ‘ ghmmm f’hwlrgax ‘ Versus Bhola @Sha'mbhulal S/o Bhola Prasad Aged about 26 years, R/o Samltn Dafal Korlya, P S Chmmm Dlstt Kona L PROCEDUR 197 i IA- L .u. n4 A nnn: :A ‘ Mo MW@{Smgm Bench CRIMINA E 3 1’ é a Mmw \ ‘ . : t mméwmpa‘w/ajmawq \ mm (Wu) 4 1i mmm ‘ ‘ ‘ Wamwi’fgém - a? a‘fcw m - ‘ ‘ 6N’BLE‘» SEE} viU$TICE {3&11 GQQ Shri Vaibhav A‘ G‘owa-rdhan, :Heard on admission. The presan‘r. petiticn has been Coéle bf Criminal Proéedure against 2-1.04—J‘2005 passed in Criminal Case the respondent fer the offence um LRC. The Case of pfosecutisn is {k lodged by Sheikh Ahmed éiieging ir - complainant Shri SS. Rene was g dashed by jeep bearing registration jeep Was being driven by the res manner. That, for about ‘7-yea1‘s, the j, witness despite the fact‘that suffici‘nt prosedution by the Couit. .As the any witness, no representation was Government, vide impugnedyjudgm below has aoeiuitted the respondent Counsei for the State submis accused, more opportunity ought Government for adducing the eviden I heard the counsel for the St rorn the record, it is eiear t‘ given to the State for produoing its PRITEN‘KER EEWAKER J’L‘ for the State, §iled under Seciian 378 { 1)~of the the impugned judgment daied No. 771 [98. whereby acquitting er Secticm 279 and 337 0f the t, on k2‘10. i998 the FUR. was g1 it that on 12 10. 1993 when :he ing on his meter cycle, he was o. M.P.-20/ R1586 and the said endent by msh and negiigent oseeution has not examined any opportunity was given to the rosecution has failed to examine eing made on behalf of the State 'nt dated 21.04.2005, the court. accused that instead of acquitting the o have been given to the State e. te, perused the record, at the sufficient opportunity was. witness but it has faiied to// : \ . mmwfiaw > mmm' (91mP413 am&whmw mh$mm ‘%d na w ‘ x ' i W § l 1 ‘ § x ‘ i K V \ do so, tLle court was left W1th accusedf respondent i I fmd no lllegahty 1n the ordel erdmgly dlsrmssedw I I i‘ r. t‘ {. i i \ 1o other option to acquit the unpugned, the petition fails and rmnker Dlwak“ Judge . i’ ‘ i c P el