STATE OF MADHYA PRADESH Vs. JAGDISH JOGILAL BALOI

JUDGEMENT

(1.) On 12-5-84 at about 15.00 hours Jasodabai (PW 1) was going to her work at the "MARATHI" near Jawar Jod. She had a bucket in her hand. A metador No. MBI 9072 came from the side of Metwara and after crushing Jasodabai broke down the barbed wire fencing of the road-side planatation damaged the plants and stuck in the ditch. The incident was reported in P. S. Sonkatch by Murlidas at 16-30 hours, the same day vide F.I.R. Ex. P-1. He had taken Jasodabai also in another metador to Sonkatch P. S. She was removed to Dewas and then to M. Y. Hospital, Indore where she succumbed to her injuries on 14-5-84. The scene of occurrence being within the jurisdiction of Jawar P. S. in Sehore district the papers were transferred to that P. S. by Sonkatch police. Inquest was held and post mortem of the dead body was conducted by Dr. Riaz Hussain whose report is Ex.P-4, which is an admitted document. If is not in dispute that Jasodabai died of injuries sustained in the said accident. The respondent-accused denied his presence in the vehicle at the time of accident though his driving license was amongst the document that were seized from the metador. He also denied his arrest vide Ex. P 12. On 21-5-1983 the respondent was arrested by A. S. I. Shri D. S. Patil (P. W. 9) at Metwara outpost vide memorandum Ex. P-12.

(2.) The learned trial Magistrate held that the vehicle in question was being driven by the accused at the pertinent time could not be proved. Therefore, he did not consider it necessary to record a finding on the other point of rash and negligent driving and acquitted the accused which has been challenged in this appeal by the State.

(3.) The learned counsel for the respondent after concluding his arguments sought leave to give a list of citations the next day. Instead of a list of citations he has presented a detailed written arguments. Nor a commendable practice indeed.