STATE OF RAJASTHAN Vs. PADAM SINGH

JUDGEMENT

(1.) This criminal appeal by the State of Rajasthan arises out of the judgment and order dated 5th Aug., 1988 passed by the learned Munsiff and Judicial Magistrate, Uniyara (Tonk) whereby the learned Magistrate has acquitted the accused respondent of the offence charged with.

(2.) Briefly stated the facts of the case are that on 23.5.1982 at about 2.00 PM, the accused respondent while driving Truck No. RJA 3875 rashly and negligently caused the death of a boy, namely Hukam Chand aged 11 years. The accused respondent was caught at the spot by the persons present there and a report of the incident was lodged at Police Station Aligarh, on the same day at 4.00 PM by the father of deceased. Upon this report, a case was registered.and investigation commenced. In the course of investigation, the police prepared site plan, seized the trucks, took photographs of the place of incident recorded the statements of witnesses and got conducted post mortem on the dead body of deceased. After completing investigation, the police submitted a charge sheet against the accused respondent.

(3.) On the basis of evidence and material, the learned Magistrate framed charge under section 304-A Penal Code against the accused. The accused denied the charge and claimed trial.