STATE OF RAJASATHAN Vs. KAILASH CHANDRA

JUDGEMENT

(1.) The State is aggrieved by the judgment dated 22.1.2011 passed by Additional Chief Judicial Magistrate, Shahpura, District Bhilwara, whereby the learned Judge has acquitted the accused respondent, Kailash Chandra, for offences under Sections 279, 337, 338 and 304-A I.P.C.

(2.) Briefly, the facts of the case are that on 27.5.2004, around 12.05 A.M., one Suresh Chand (PW-1), submitted a written report (Ex.P-1), wherein he claimed that on 26.5.2004, a religious festivity was being celebrated at Sri Mataji. The festivity was supposed to go on for the entire night. In order to participate in the said festivity, people from nearby villages had congregated. Around 11.15 P.M., a Mini-Truck, bearing registration No: RJ-06/G-3713, came from the side of Gulabpura. The said Mini Truck was being driven in rash and negligent manner. On the truck, it was written that it belongs to Parswanath Tent House, Aasind. Due to the rash and negligent driving, about thirty to thirty-five persons were injured, and three to four persons died on the spot. On the basis of the said report, a formal F.I.R., F.I.R. No. 81/2004 was chalked out. Subsequently, the accused respondent, Kailash Chandra, was arrested. A charge-sheet for offences under Sections 279, 337, 338 and 304A I.P.C. was submitted against him.

(3.) In order to support its case, the prosecution examined fifty-five witnesses, and submitted sixty-five documents. However, in defence, the accused respondent neither examined any witness, nor submitted any document. After going through the oral and documentary evidence, vide judgment dated 22.1.2011, the learned Judge acquitted the accused respondent. Hence, this criminal leave to appeal before this Court.