STATE OF MADHYA PRADESH Vs. KEDAR

JUDGEMENT

(1.) THE State is in appeal against the acquittal of the respondent in respect of the offence punishable under Section 304-A of the IPC. The corresponding judgment passed on 11. 10. 1993 by Shri B. L. Verma, JMFC, Orchha, Distt. Tikamgarh in Criminal Case No. 33/91 is the subject matter of challenge.

(2.) THE prosecution story, in short, is that at about 7 a. m. on 16. 1. 1991, Keshar Bai, a woman aged about 55 years, was hit by a jeep bearing registration No. UP-D-5785 at the time when after attending second call of nature near Jeronprithvipur road in village tatarpura, she was picking up her lota (a small vessel ). The vehicle was driven by the respondent so rashly and negligently that even after the accident it descended into a ditch and stopped only after dashing against a Ber (Jujube) tree. Sustaining a severe impact, keshar fell down at the spot. She was immediately taken to P. H. C where she was declared dead. Cause of her death was ascertained by the autopsy surgeon Dr. S. D. Gupta (PW-11) as coma due to head injury.

(3.) THE respondent abjured the guilt. According to him, Keshar was blind and upon hearing sound of the Jeep, she got perplexed and fell down and in the process of dodging her, he swerved the jeep to extreme right but due to failure of brakes it collided against the tree.