STATE OF MAHARASHTRA Vs. SHYAMRAO

JUDGEMENT

(1.) AGGRIEVED by the Judgment and Order of acquittal passed by the Judicial Magistrate First Class, Court No. 2, Nagpur, on 4-5-1988, in criminal case No. 296/ 83, acquitting the accused for the offence punishable under Section 304A and 337 of the Indian Penal Code, the appellant-State has filed this appeal.

(2.) THE main contention of the appellant-state is that the accused-respondent, who is the driver of the truck bearing No. MHS-1062, was driving the said truck in a rash and negligent manner at about 10.00 A.M. on 22-8-1983 and gave a dash to a girl named Aparna aged about 12 years who sustained injuries and subsequently expired, and also gave a dash to one Murlidhar, a cyclist, who also sustained injuries. The matter was reported to the Police Station, Sitabuldi, Nagpur and after completion of the investigation, charge sheet came to be filed against the accused.

(3.) IT is pertinent to note that the incident occurred on 22-8-1983 at about 10 A.M. at Shankar Nagar, Nagpur. On the basis of the report lodged, the P.S.I, visited the spot and after drawing spot panchanama and inquest panchanama on the dead body, the dead body was sent to medical college for postmortem examination. Thereafter, the first information report came to be lodged.