STATE OF MAHARASHTRA Vs. BRAMHADOTTA RAMDAS SHARMA

JUDGEMENT

(1.) This is an appeal by the State against the order passed by the Judicial Magistrate acquitting the respondent of the charge under sections 304-A and 279 of the Indian Penal Code.

(2.) It is not in dispute that the accused Bramhadatta was a driver of tanker bearing No. MRS 7925. On the Morning of August, 10, 1972, he was driving this tanker from Bombay to Poona. When he was nearing the Octroi Naka, at Nigdi, on the outskirts of Poona, he was required to stop. Two trucks were already standing in front of this Naka on the left hand side of the road.

(3.) The tanker driven by the accused gave a dash to the second truck which was standing infront of the other truck and due to this impact, one child which was being carried on her shoulders by his sister Shalan (P.W. 4) was seriously injured. They tried to give medical aid to the child, but the child unfortunately succumbed to the injuries when it was on its way to the hospital.