NATHU Vs. STATE OF M P

JUDGEMENT

(1.) Heard finally at the stage of admission itself. This revision petition under section 397/401 of Cr.P.C. has been preferred by the petitioner against acquittal of the respondent No.2 -Om Prakash @ Ram Prakash of the offence under section 297, 337, 338, 304 -A of I.P.C. from the court of Judicial Magistrate First Class, Ashoknagar, district Guna (M.P.) in Criminal Case No. 96/02, vide impugned judgment dated 30/11/2007.

(2.) As per prosecution case, on 21/2/2002, at around 3 a.m., early in the morning, in between the roads of Pipariya and Karaiya Rai, at Lokmarg, due to rash and negligent act on the part of the driver/respondent No.1 -Omprakash, the offending tractor bearing registration No. MP 08 F 6784 became imbalanced and turned turtle, resulting Asharam, Kachhi and Seetaram travelling in said the tractor injured while one Pappu Akhai died. The F.I.R. was lodged and Crime No. 23/02 was registered for commission of offence punishable under sections 279,337 and 304 -A of I.P.C. against the driver/respondent No.1 -Omprakash and after investigation, the charge -sheet was filed before the criminal court.

(3.) To prove the case, the prosecution examined as many as fifteen witnesses, namely, complainant Chhotelal (PW -1), Dr. G.D.Arya (PW -2), Kunnu (PW -3), Seetaram (PW -4), Asharam (PW -5), Jagannath Singh (PW -6), Kamal Kishore Sharma, Head Constable, (PW -7), Bharosa (PW -8), Mohar Siongh (PW -9), the Investigating Officer Sanjeev Tiwari (PW -10), Omkar (PW -11), Dr. Deepti Surana, Medical Officer (PW -12), Dr. Rajendra Kumar Goyal (PW -13), Raju @ Rajendra Singh (PW -14) and lastly Dr. R.K.Jain (PW -15).