UNION TERRITORY Vs. MOHAMMAD ALTAF SHEIKH

JUDGEMENT

(1.) This appeal has been directed against judgment dtd. 31/7/2018, passed by learned Principal Sessions Judge, Anantnag,["the appellate court"], in a Criminal Conviction Appeal titled 'Mohammad Altaf Sheikh Vs State', vide which, conviction of the respondent recorded by learned Judicial Magistrate, Vailoo,['the trial court"], came to be set aside and he came to be acquitted for offences under Ss. 279/304-A RPC and 3/181/39/66/192/190 (2) of Motor Vehicles Act ["MV Act"].

(2.) Before a closer look at the grounds urged in the memo of appeal, it shall be expedient and appropriate to have an overview of the background facts.

(3.) The prosecution case lies in a narrow compass. On 1/3/2009, Police Post, Larnoo, received information that a vehicle on its way from Anantnag to Lessu, bearing Registration No. JK03/2790, being driven by its driver in a rash and negligent manner met with an accident and injured a minor child. On the receipt of this report, FIR No. 16/2009 for offences under Ss. 279/337 RPC came to be registered and the investigation commenced. Since the injured died during his treatment in the hospital offence under Sec. 304-A RPC came to be incorporated. The investigation culminated in the presentation of Charge Sheet before the competent court.