KANHIYALAL Vs. ANIL KUMAR

JUDGEMENT

(1.) This revision petition is directed against the order dated 12-3-1986 passed by the J.M.F.C., Alirajpur in Cri. Case No. 132 of 1984 whereby the N.A. No.1 has been acquitted of the offence under Section 304A of the Indian Penal Code.

(2.) According to the prosecution, the N.A. No.1 at about 2.30 P.M. -on 7-1-1984 driving rashly and negligently the motorcycle bearing registration No. M.B.U. 8541 in Alirajpuron Umrali Road near Water Tank, dashed it against Dinesh aged 9 years, the son of the petitioner. As a consequence of the injuries sustained, the said Dinesh died in the evening the same day. The occurrence was reported to the Police Station, Alirajpur. A crime was registered and investigation was set forth.

(3.) At the conclusion of the investigation, the N.A. No.1 was prosecuted. The learned Magistrate framed charge under Section 304A, I.P.C. and at the conclusion of the trial Passed the impugned order.