STATE Vs. KULWANT SINGH

JUDGEMENT

(1.) This is an appeal against an acquittal. Kulwant Singh respondent was prosecuted by the police under Sec. 304, I. P. C. on the following allegations.

(2.) One day the respondent was driving motor truck No. U.P.S. 1782 on Saharanpur Muzaffarnagar road, the motor vehicle was being driven at a high speed. It came near a culvert over a canal distributory. One boy Krishna Kumar aged about six years was in the middle of the road. The driver of the truck did not give any horn. Nor was the truck slowed down. Krishna Kumar came under the wheels of the truck, and died immediately. The respondent did not stop his truck, but kept on driving. Krishna Kumar's uncle Rati Ram lodged a report about the incident at the police station. He was put up for identification before a Magistrate. Kulwant Singh was identified by a number of persons as the driver of the truck, which passed over Krishna Kumar. Kulwant Singh was therefore prosecuted under Sec. 304, I. P. C. for having caused Krishna Kumar's death.

(3.) The accused pleaded not guilty. He denied that he was driving truck No. U.P.S. 1782 at the material time. The learned Temporary Sessions Judge, Muzaffarnagar, who tried the case, was not satisfied about the identity of the driver. Kulwant Singh was therefore acquitted. Hence this appeal by the State.