STATE OF RAJASTHAN Vs. NATHU LAL

JUDGEMENT

(1.) THIS criminal appeal has been preferred against the judgment dated 16th December, 1996 passed by the judicial Magistrate, Kota City (North), Kota whereby, the accused-respondent Nathu Lal has not been found guilty and acquitted for the offence under Section 304-A of Indian penal Code. The facts, giving rise to the prosecution case, are briefly stated as under : that on 26th February, 1981 at about 10 p. m. one old person was coming from the direction of Mohan Talkies and crossing the road. It is alleged that one truck RJR 1943 came with a fast speed and his driver was driving this truck rashly and negligently and hit this man from the back. As a result of which that person fell on the road, his intestine came out from the body and died on the spot. The complainant P. W. 4 Salim ahmed who was also going aside the deceased Ram Niwas, submitted a written report Ex. P/5 to the police who registered the case and after usual investigation filed the charge-sheet against the accused-respondent Nathu Lal for the offence under section 304-A of the IPC who after trial has been acquitted of the aforesaid charge.

(2.) NONE has appeared on behalf of the accused-respondent in the Court. This appeal has been listed for the first time after 4th February, 1998 for hearing, and now after having a glance in the impugned judgment it is not found just and proper to adjourn the same for the appearance of the accused-respondent and so in the interest of justice only the arguments of Shri B. K. Sharma, learned Public Prosecutor appearing for the State were heard and the relevant record available before me was cautiously perused.

(3.) LEARNED Public Prosecutor has basically assailed the impugned judgment of the lower Court on two grounds. Firstly, the evidence of the prosecution witness has not been appreciated in right perspective. Secondly, the evidence of P. W. 4 Salim Ahmed, who has identified the accused Nathu Lal, the said driver of the truck at the time of the occurrence and present in the Court, has wrongly been jettisoned by the trial court.