@ia . 3“ E3; #02 m6? E<w a0 bwrdduvyv rz @m. mbnnmHQ? wQm .‘ ‘Mq Quooooomé ‘_mw W.Hmaa 403.immmhwwmwhw m, gwm <1 miv... moawrw‘yzv 1W§0$ w pa: m§ Kong; ,EE/ a N. N53 a??? Q9. Mgrx a ipyzw Ewafxo a3 haw wmaw§$ 13% 1 U a A .f oiafk @‘W 1 HIGH COURT OF. CHHATTBGARH AT BILASPUR Single Bench : Hon'ble Mr. Justice Pririnker Diwaker CRIMINAL APPEAL Na 56 of 1996 \ 1 ARPELLANT i The State of Madhya Pmdesh v (Now Chha‘t‘hsgarh) Versus Dhani Ram \ \ ResPONDENT ¥ \ Mr' Vanbhav A Goverdhan PL for- The Smi’e/appeliant A ‘ Mr M D Dho’re counsel for The responden? CRIMIgAL APPEAL UNDER SECTION 378 (11 OF THE CODE OF l CRJMINAL PROCEDURE ‘ V" O R D E R (21.012010) A . Present appea! is direc‘red against fhe impugned judgmem dated 03.03.1995 passed by Judicial Magistrate, Fir-sf Class, Raipur in Criminal Case N0. 315/1995 acquiffing 1he respondenf of fhe alleged uffences punishable under- Sections 279, 304-A and 337 of ihe Indian Penal Code. 2. ‘ As per The case of ihe proseculion on The basis cf mergV infimalion (Ex.P—3) dafed 24.5.1991, FIR (Ex.P-3)’ was registered against the respcndent/accused alleging in it that iii on 24.5.1991 when the accused was driving a tnactor alongwith r r-« i the said tractor and trolley overturned, one Hari Narayan has f i i i i i i trolley in which about 20-25 passengers were sittingand as ‘ died and one Atmaram sustained simple injuries. ~~(\ a3. In support of its case the prosecution has examined as many as 11 Witnesses. Statement of the respondent/accused ‘ was also recorded under Section 313 of the Code o Criminal i ’ ‘ f Procedure in which he denied fhe charges leveled against hirg} 1 ‘ and pleaded innocence and false impiica‘rion in fhe case. ' 1 4. By The judgment impugned ihe cour‘r below has acquih‘ed 1 the respondentfar The offences punishabie under Seciion ‘i under Sections 279, 304-A and 337 of The Indian Penoiv‘Code. r Hence This appeal. 5. 5hri Das, counsel for The STaTe/appellanT submiTs ThaT on The basis of evidence as adduced by The prosecuTion; The ~ i‘courT below oughT To have convicTed The accused for;.Th‘er offence as alleged. 6. On The oTher hand, counsel forThe respondenT supporTs The impugned judgmenT and submiTs ThaT The order of The acquiTTal is in accordance wiTh law because prosecuTionUhas failed To prove iTs case beyond reasonable doubT. ’ 7. ' I have heard counsel for The parTies and perused The maTerial available on record. 8. SiTaram (PW-2), BhagiraThi (PW-3) and, BhagwaT'i (PW-5) who were also co-passengers in The Trolley, have caTegorically sTaTed ThaT when The TracTor and Trolley reached near The canal, on accounT of erosion of The soil of-Mhe road, TracTor- overTurned, as a resJlT of which The accidenT had Taken place. 9. ATmaram (PW-7) has sTaTed ThaT The TracTor Took abouT 1 % hours To cover disTance of 15-16 kms. and Thus iT appears ‘ ThaT TracTor was being driven in a normal speed by The accused. AfTer dUe appreciaTion of The evidence available, on record, The l CourT below has arrived aT The conclusion ThaT The prosecution has noT been able To prove iTs case beyond reasonable'doubT; ~x Vi The respondenT/accused was enTiTled fOr acquiTTal, i A i i ‘ 10. ‘ Af+er hearing caunse! for- ‘rhe parfies and going *hroygh fhe§ evidence available on record and being very much cangcious V of t‘he existing legal position ihai in. a case against acquii‘ial if ’rwJ views are possible on the basis of the evidence led by‘ihe j ihe accused, reversion of fhe findings of acquiltal byihe app'ella‘ie Cour? faking ¥ The other possible view into I consideration, is not permissible in law, this Court is of the ~ vieilvJhat the judgment impugned acquitting the respondent of j’ the offences punishable under Sections 27?, 304-A and 337of k the Indian Penal.Code, is just and proper and doesnotcall for Iv any interference by this Court. 11. in view of the above factual and legal position, I do not find any reason to interfere with the judgment impugned. / 12. The appeal fails and is accordingly dismissed./ <‘:7/// sdl‘ . ke‘. / if: ‘1?“wink“ mme “Ma x a / /"( r <7" 77 profecution and the trial Court taking one view favourablejto ,