STATE Vs. SWAROOP SINGH

JUDGEMENT

(1.) THIS acquittal appeal has been preferred against the order of acquittal to have been passed by the Sub Registrar/Munsiff Judicial Magistrate, Jammu on 22.5.1983, whereby the respondent Saroop Singh "herein after referred to as the accused" was acquitted of an offence Under Section 304 -A RPC, for which he faced trial before the trial court, and was ultimately acquitted.

(2.) ACCORDING to the prosecution, the learned trial Court has failed to appreciate the nature of the offence, and has adopted a very strange procedure in acquittal of the accused, as a result of which, mis -carriage of justice has been caused in the disposal of the case. Although, there is sufficient evidence in the evidence of PWS Tarlochan Singh and Satinder Singh that the accused while driving his vehicle rashly and negligently caused the accident which resulted into the death of the deceased, but trial court has erred in appreciating the evidence on record, and has erroneously acquitted the accused.

(3.) THE brief facts of the case, which have given rise to this appeal are that on 20.4.1981, the accused who was driving his vehicle No: 196/JKQ in a rash and negligent manner at Kunjwani Bye pass and struck down the deceased Janak Singh, who died on the spot. The prosecution examined Tarlochan Singh, Satinder Singh, Ram Singh, Dr, Inayat Ullah, Rajinder Singh Inspector Road Transport Corporation, S. Jaswant Singh Head Constable and Yog Raj ASI, as witnesses in the case.