STATE OF RAJASTHAN Vs. NAURATAN MAL

JUDGEMENT

(1.) This appeal has been filed by the State of Rajasthan against the judgment and order dated 29-10-85 passed by the learned Addl. Chief Judicial Magistrate, Parbatsar in Cr. Case No. 285/1985 by which he acquitted the accused respondent for offence under Sections 279 and 429, I.P.C.

(2.) This appeal arises in the following circumstances : (i) On 30-1-83, P.W. 1 Dagla Ram lodged a written report Ex. P/1 with the Police Station Parbatsar stating that Roadways Bus No. RSG 6009 which was being driven by accused respondent at about 12.30 noon which was proceeding towards Parbatsar, struck against the cow of P.W. 1 Dagla Ram resulting into fractures and later on the cow died. It is also stated in the report Ex. P/1 that this incident was witnessed by P.W. 3 Mangi Lal, P.W. 4 Govinda Ram and P.W. 2 Bodu Ram.

(3.) On this report, police chalked out regular FIR Ex. P/5 and post-mortem of the body of the cow was got conducted by P.W.11 Bheru Singh and the post-mortem report is Ex. P/8 and P.W. 10 Sayar Singh prepared site plan which is Ex. P/6.