(1.) Giasa Ram was tried under Sections 279 and 338 of the Indian Penal Code. The allegations against him were that on 4th June, 1974 at about 10.3J AM he was driving truck No. DLL 9692 in the locality of Rani Bagh in such a manner as to endanger human life and public safety and thereby caused grievous hurt to one Pushpa. He wai also tried for the offence under Section 88/1 12 of the Motor vehicles Act. After trial the learned Metropolitan Magistrate vide his judgment of 2nd February, 1978 acquitted Giasa Ram.
(2.) The main ground on which the acquittal is based is that the driver of the truck who had admittedly run away from the spot after causing the accident was not got identified in the identification parade after his arrest.
(3.) By this appeal the State has challenged the validity and legality of the said judgment. With the assistance of Mr. Lao, we have gone through the record.