STATE OF RAJASTHAN Vs. ABDUL NAEM KHAN

JUDGEMENT

(1.) The State of Rajasthan has preferred this appeal against the judgment dated 10.11.2003 passed by the learned Civil Judge (Senior Division) and Additional Chief Judicial Magistrate, Kakeri. Ajmer in Criminal Case No. 404/2001 by which he has acquitted the accused respondent from the offence under Sections 279, 337, 338 1PC.

(2.) Brief facts of the case are that PW.5-Rameshwar Lal submitted a written report Ex.P/4 in which he has stated that Yesterday on 24.07.2001 at about 10 AM my son Durga Lal and Lalit were coming from Supa to Jaliya by Suzuki Motorcycle when they reached near bichala Nala Jaliya Talab then a Maruti Car bearing No. RJ 01 6307 came from Kakeri which was driven by the accused-respondent with rash and negligently, hit to the Motorcycle, due to this accident Durga Lal and Lalit who were on the Motorcycle have fell down and received injuries.

(3.) Upon the said report, the police has registered the case under Sections 279, 337, 338 IPC and started the investigation. After investigation the police filed a challan against the accused-respondent for the aforesaid offence before the Court of learned Civil Judge (Senior Division) and Additional Chief Judicial Magistrate, Kakeri, Ajmer. Thereafter, the learned Magistrate has framed the charge for the aforesaid offence against the accused-respondent which were read over and explained to the accused-respondent who pleaded not guilty and claimed trial.