STATE OF RAJASTHAN Vs. BHAGWAN

JUDGEMENT

(1.) The State of Rajasthan has preferred this appeal under Sec. 378(i)(iii) Cr.RC. against the judgment of acquittal dated 25.04.1992 passed by learned Munsif & Judicial Magistrate, Jaipur District, Jaipur (for short 'the learned trial Court') in criminal case No. 24/1984, whereby he acquitted the accused respondent for the offence under sections 279, 337 and 304A IPC.

(2.) Brief facts of the case are that an information was given at PS Amer on 26.1.1984 at about 1.55 PM that at Kunda Bye-pass a motor cycle collided with a bus. On this information Mr. H.C. Ram Gopal and other persons went to Kunda by bus where Kailash Chand submitted a written report alleging therein that bus No. RRB 1990 which was going to Delhi from Jaipur and when it was passing through nearby village Kunda Mr. Nem Singh and Mool Chandra were going to Jaipur on motor-cycle No. RRG 5642 after taking petrol from the pump near about 1.30 PM. The bus collided with the motor cycle being driven rashly and negligently. Nem Singh died at the spot and Mool Singh was sent to the Hospital. It was also written in the report that the driver disclosed his name as Shri Bhagwan. The investigation was made and the case was registered under sections 279, 337, 338 and 304-A IPC.

(3.) After usual investigation, the police submitted challan for the offence u/Ss. 279, 337 and 304-A IPC.