STATE Vs. MANGTU RAM

JUDGEMENT

(1.) THIS is an appeal on behalf of the State against the order of acqulital of the respondents Ranjit Singh and Mangtu Ram under Sections 279, 337 and 426 of the Indian Penal Code, Passed by the Magistrate Second Class, Alwar. On the 10th july, 1959.

(2.) TWO vehicles No. RJL 500. 1 and Car No. RJL 5026 collided at a place known as kati Ghati Chauraha on the Alwar-Jaipur road on the 19th of October, 1957, at about 7 P. M. Mangtu Ram respondent was driving the bus and was proceeding from Alwar to Jaipur while Ranjit Singh respondent was driving the car and was proceeding from Jaipur to Alwar.

(3.) IN that collision Ranjit Singh respondent was hurt and both the bus and the car were damaged. The prosecution case is that both the bus and the car were being driven on the wrong side of the road and did not dip their lights when they were facing one another. It is further alleged that the brakes of the bus were not in order. The report of this collision was made by Mangtu Ram" at the Eolice Station sadr Alwar at 9. 45 P. M. Both the respondents were challanged before the magistrate First Class Alwar. He recorded the evidence of some prosecution witnesses and the case was latter on transferred to the Magistrate Second Class, alwar. In the bus one of the passengers was Shri Chiranji Lal Kala, Deputy collector (Jagir),, Jhutajhumi. On the 24th of October, 1958, while the case was before the First Class Magistrate, the prosecution had sought an adjournment for producing him. Then a further adjournment was sought oh the 18th of May, 1959, and the case was adjourned to the 3rd of June, 1959. Even on the 3rd of June, 1959, the witness was not available and the learned Magistrate closed the prosecution evidence.