STATE OF MADHYA PRADESH Vs. BAHADURA

JUDGEMENT

(1.) THE State has preferred the present appeal being aggrieved with the judgment dated 28.12.1999 passed by the JMFC Satna in Criminal Case No.964/1997 whereby the respondent was acquitted from the charge of Section 304 -A of IPC.

(2.) THE prosecution's case, in short, is that on 24.12.1995 at about 6:00 PM the complainant Ugrasen Prayasi (PW -7) had lodged an FIR Ex.P -7 that at about 5:00 PM he was going from his field to his residence at Village Rajarwar (Police Station Rampur Baghelan District Satna). In the midway he found that the respondent brought a tractor bearing registration No.MP19A 2605 with a speed and suddenly he stopped the tractor by using its break, and therefore Ramchandra, who was following the tractor on a bicycle was dashed with the body of trolley, due to which he fell down on the ground and expired. The dead body of the deceased was sent for the postmortem. After due investigation, the charge sheet was filed before the trial Court.

(3.) THE respondent abjured his guilt. He took a plea that the accident was caused with the tractor MP19 -A/2605 and the respondent was falsely implicated in the matter. In defence Daya Shankar Pandey (DW -1) was examined.