STATE Vs. LEELU KHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed against judgment of acquittal passed by the Judicial Magistrate, Bhadra in Cr. Case No.62/1990 dated 22nd April 1993.

(2.) In nutshell, the facts of the case disclose that on 08th January 1990 victim Kundan Ram was hit by a jeep and succumbed to injuries. The incident was reported and a FIR was lodged by complainant Chunni Ram, which was registered u/s.279, 304A IPC and after investigation, charge -sheet was filed and trial was conducted by the trial court and the learned trial court acquitted the respondent -accused. Aggrieved by the same, instant appeal has been filed by the State and leave to file appeal has been granted by this Court on 30th September 1993.

(3.) Learned Public Prosecutor has contended that eye -witness PW2 has specifically mentioned that the deceased was not at all negligent and he was dashed by the vehicle, which was being driven by Leelu Ram. Though some of the eye -witnesses have become hostile but there is sufficient evidence to hold the accused guilty and the learned trial court has ignored the positive evidence which was adduced before it, hence, appeal be allowed and the respondent -accused be convicted. Per contra, learned counsel for the respondent has argued that all the eye -witnesses have become hostile and so far as testimony of PW2 is concerned, nothing positive or concrete has been uttered by this witness with respect to negligence and the impugned order does not suffer from any illegality. The appeal lacks merit and be rejected. I have heard learned counsel for both the parties, examined the impugned order and material available on record. Perusal of Ex.1 FIR reflects that Chunni Ram complainant lodged the same and specific allegation of negligence on part of jeep driver has been recited in the contents of the FIR.