STATE Vs. SULEMAN @ SALIM NADAF

JUDGEMENT

(1.) This appeal is directed against the judgment of acquittal of the respondent for the offences punishable under Sections 279 and 304-A of Indian Penal Code and Sections 134(a) and (b) of the Motor Vehicles Act, recorded by the learned Judicial Magistrate, First Class, A Court, Ponda upon a trial in Criminal Case No.9/S/2008/A before her.

(2.) The facts, which are material for deciding this appeal are as under :

(3.) Learned Magistrate explained the particulars of offence to the respondent. Since the respondent pleaded not guilty, he was put on trial, at which the prosecution examined in all 10 witnesses in its attempt to bring home the guilt of the respondent. After considering the prosecution evidence in the light of the defence of denial and false implication, the learned Magistrate held that it was not proved that the respondent was driving the bus in a rash and negligent manner and, therefore, proceeded to acquit him. Aggrieved thereby, the State has preferred this appeal.