STATE OF RAJASTHAN Vs. GANPAT SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the State against the Judgment dated 23 -2 -1991 delivered by the Chief Judicial Magistrate, Banswara whereby the respondent Ganpat Singh was acquitted of the charges under Sections 338 and 304 -A of the IPC.

(2.) THE accident took place on 9 -3 -1979 between 6 to 7 p.m. at Banswara -Gadi Road, when the Truck No. MRB -863 driven by the accused respondent Ganpat Singh collided with the Jeep bearing No. GJM -7209. The injured were carried to the hospital at Partapur. The Medical Officer, Primary Health Center, Partapur sent a message to the Police Station Gadi about the accident. A case under Sections 279 and 338 was registered. One of the injured succumbed to the injuries and accordingly the challan was filed in the said court. The accused respondent pleaded not guilty to the charges. PW -5 Jehara, PW -6 Tahira, PW -7 Rubab and PW -8 Duraiya (all ladies) were examined as eye -witnesses, who allegedly were travelling in the jeep at the time of accident. The learned trial court heard the arguments and delivered the judgment which resulted into the acquittal of the respondent. The State has come in appeal.

(3.) THE two vehicles were allegedly mechanically examined and according to the Investigating Officer the examination reports Ex. P/7 and Ex. P/8 were prepared. However, these documents are not proved because the Mechanical Examiner or the MTO, who allegedly examined the vehicles, has not been examined as a witness. The accident took place on 9 -3 -1979. The examination was conducted after four days on 13 -3 -1979. 7. Be that as it may, there is no material on record to accept this appeal. Hence, the appeal is dismissed. Appeal dismissed.