STATE OF RAJ Vs. KANTILAL

JUDGEMENT

(1.) The State is aggrieved by the judgment dated 11.5.2007, passed by the Additional Chief Judicial Magistrate, Sojat, whereby the learned Magistrate has acquitted the accused respondent, Kanti Lal for offences under Sections 279, 337 & 304A of IPC.

(2.) The brief facts of the case are that on 1.5.2005, Sua Lal (P.W.4), submitted a written report, wherein he claimed that on 1.5.2005, around midnight, he and his friend, Babu Lal, were standing at the side of Sojat Road and waiting for the bus so as to able to go to Pali. Around 2 O' clock at night, they saw a maruti van, bearing registration No. R.J.22C-3201, coming from the side of Beawar. They asked for a ride from the driver of the van, Kanti Lal. Kanti Lal agreed to give them a ride. Around 2:30 A.M., near Ichhapurna Balaji Temple, a dead animal was lying on the road. Due to the high speed of the vehicle, due to the lights of the vehicle coming from the opposite side, the driver lost control. Consequently, the vehicle left the main road and came on to the uneven ground and smashed against a tree. Consequently, Sua Lal suffered injuries on his head, face, and shoulder. Likewise, Babu Lal also suffered injuries on different parts of his body.

(3.) During the course of treatment, Babu Lal expired. On the basis of said report, a formal FIR, FIR No. 100/2005 was registered for the aforementioned offences.