STATE Vs. SUBASH SINGH

JUDGEMENT

(1.) JUDGMENT :- State has filed this appeal against the judgment passed by learned Sessions Judge, Kakthua on 27-4-1989, whereby the appeal filed by respondent against his conviction and sentence imposed upon him by the Judicial Magistrate Ist Class, Billawar was allowed thereby acquitting him of the offence under Section 304-A Ranbir Penal Code. Trial Magistrate had found respondent guilty and had ordered him to undergo simple imprisonment for one year as well as to pay a fine of Rs. 2000/-, in default of payment whereof respondent was directed to undergo one month's imprisonment. On recovery of fine it was ordered to be paid to the children of the deceased, if any failing which it was further ordered that it be deposited in Government Treasury.

(2.) In order to properly appropriate the case as was urged by Shri Baru, learned Additional Advocate General, in support of this appeal, it is necessary to refer to few facts which are material for determination of this appeal.

(3.) As per prosecution case respondent was driving truck bearing registration No. JKN-610. On 28-6-1986 Koshaliya Devi deceased got down from Bus on Dhar Udampur road at village Parnala. While the deceased was crossing the road from in front of the Bus in which she was travelling, accident is stated to have taken place due to rash and negligent driving on the part of respondent when he was driving the aforesaid truck and had come from Mahanpur side. This truck is stated to have struck against the deceased as a consequence whereof she fell down on the road and breathed her last then and there.