STATE OF MADHYA PRADESH Vs. KANHAIYALAL

JUDGEMENT

(1.) This appeal is directed on behalf of the appellant/ State under Section 378 of Cr. P. C. being aggrieved by the judgment dated 13.12.1994 passed by the Judicial Magistrate First Class Begumganj, District Raisen in Criminal Case No. 183/90 acquitting the respondent from the charge punishable under Section 304A of IPC.

(2.) As per case of the prosecution on 17.5.1990, the deceased Kallu and his father Moolchand (P.W. 1) were coming from their village to Begumganj by the Bullock Cart, on reaching from approach road to Barra Road said Kallu stepped down from the Bullock Cart and while he was crossing the road for other side to have the drinking the water the alleged offending bus bearing registration No. CIF-244 driven by the respondent in a rash and negligent manner came there and dashed him, resultantly, he sustained injuries and succumbed to it on the spot. On lodging the report by his father Moolchand (P.W.1) after preparing the spot map and inquest Panchnama the dead body was sent to hospital where his postmortem was carried out. After holding the investigation the respondent was charge sheeted for the offence under Section 304A of IPC.

(3.) On framing the charge of aforesaid offence the respondent abjured the same, on which the evidence was recorded. On appreciation of the same the respondent is acquitted from such charge by the trial Court, the same is under challenge in this appeal at the instance of the appellant/State