STATE OF MADHYA PRADESH Vs. NEHRU RAM

JUDGEMENT

(1.) The State/appellant has preferred this appeal against the order of acquittal dated 23.12.1994, passed by the learned Judicial Magistrate First Class, Raipur in Criminal Case No. 2029/94 whereby the respondent has been acquitted of the charge under Section 304-A of the IPC and Sections 187 and 181 of the Motor Vehicles Act.

(2.) Prosecution case, in brief, is that on the date of incident i.e. on 9.2.1990 at about 10.00 a.m. deceased-Pawan Kumar had gone with the respondent-Nehru Ram on his TVS motorcycle (Luna) to see Rajim fair and one Bhola, tractor driver, was also with them. When they were returning and reached near the railway gate at about 7.00 p.m., at that time, the railway crossing gate was closed. Respondent Nehru Ram was driving TVS motorcycle in high speed in a rash and negligent manner and dashed the barrier of gate, due to which, Pawan Kumar fell down and got injury on his head. He was admitted in the Sector 9, Bhilai Hospital and on 23.2.1990 he succumbed to his injuries. No report was made. Dr. Banerjee reported the matter to Police Station-Abhanpur. Dehati Nalishi Ex.P1 was recorded and, thereafter F.I.R. Ex.P2 was registered. Investigation took place. Statements under Section 161 Cr.P.C. were recorded. Dead body of Pawan Kumar was sent for autopsy. Necessary seizures were made and after completion of investigation, charge sheet was filed against the respondent in the Court of Judicial Magistrate First Class, Raipur.

(3.) The Judicial Magistrate First Class, Raipur framed charge under Section 304-A of the IPC and Sections 187 and 181 of the Motor Vehicles Act against the respondent and read over and explained them to the respondent, who abjured the guilt and stated that he has been falsely implicated in the case.