STATE OF MADHYA PRADESH Vs. BANNE KHAN @ BANNE

JUDGEMENT

(1.) This appeal is by the appellant State and is directed against the acquittal of respondent for offence punishable under section 304-A I.P.C. by judgment dated 294.1982 passed by Shri A K. Jain, Judicial Magistrate First Class, Lucknadon in Criminal Case No, 220 of 1979.

(2.) Respondent. Banne Khan was put on trial for en offence under section 304-A I.P.C. for driving truck C.P .C. 8211 in a rash and negligent manner on 22.3.1979 and causing death of Janiyabai. The fact that the appellant was driving the truck and Janiyabai died as a result of accident with it was not in dispute. The defence of the respondent, however, was that he was not during the truck in any rash or negligent manner and the accident was caused because Janiyabai suddenly crossed the road. The learned trial Judge found that the respondent was driving his truck in a high speed but held that speeding by itself is not the offence. According to learned Judge the accident had taken place because of the fault of Janiyabai who was an old lady that is how the respondent was acquitted.

(3.) The submission of the learned Government Advocate is that the learned Judge has misread the evidence of witnesses and has wrongly held that the appellant was not negligent in driving the truck in high speed. According to him the negligence consisted not using the brakes and dashing the truck against Janiyabai who was on the road. It is submitted that even if slight precaution had been taken by the respondent the accident could have been averted. The learned counsel for the respondent however supported the order of acquittal and submitted that the conclusions recorded by the learned trial Judge are correct conclusions needing no interference of this Court.