STATE OF RAJASTHAN Vs. JOITA

JUDGEMENT

(1.) This appeal has been filed by the State against the judgment dated 16-1-1992 delivered by the learned Munsif and Judicial Magistrate, Jalore.

(2.) According to the prosecution story, the accused-respondent Joita was the driver of the Tractor No. PRQ 6569 and on 19-11-1985 at about 12.30 P.M. near village Mandla, the tragedy occurred. The deceased Tariya, who was sitting on the tractor by the side of the driver on the mud-guard, fell down and was fatally wounded. PW3 Ganesha, PW 4 Prema Ram, PW 5 Ramesh and PW6 Ooka were the passengers in the trolley and at 2.00P.M., the first information report Ex.P/5 was lodged by PW 4 Prema Ram at Police Station, Ahore. According to the F.I.R., the tractor received a jerk and the deceased Tariya fell on the ground, his head first and died on the spot within about 20 minutes. A case under Secs. 279 and 304-A of the I.P.C. was registered and ultimately the challan was filed against the accused-respondent Joita. He pleaded not guilty.

(3.) At the trial, as many as seven witnesses were examined by the prosecution. PW1 Khima Ram and PW2 Man Singh were the 'Motbirs' of the 'site-plan'. PW7 Jalal Khan, ASI deposed about the investigation of the case. The other four persons, as pointed out earlier, have been examined as eye-witnesses.