STATE OF J&K Vs. NANAK CHAND

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29.08.2007 passed by the learned Munsiff JMIC, Reasi in File No. 127/Challan, acquitting the respondent- Nanak Chand (for brevity 'accused') of the charge under Sections 279/304-A RPC. The case arose out of FIR No.09 of 2002 registered at Police Station Reasi.

(2.) The aforesaid judgment is being challenged by the appellant-State on the grounds that the same is bad in law and is against facts; that the trial Court has not appreciated the prosecution evidence in its true and proper perspective; that the judgment is based on surmises and conjectures; that the injured -Balkar Chand has proved the negligent and rash act of the respondent herein while driving the Bus which caused the accident resulting in fatal injuries to Kaka-deceased.

(3.) I have heard learned counsel for the parties and perused the record.