THE STATE OF RAJASTHAN Vs. MOHAN RAM

JUDGEMENT

(1.) The State of Rajasthan has preferred this appeal under Sec. 378(i)(iii) Cr.P.C. against the judgment of acquittal dated 17.6.2004 passed by learned Addl. Chief Judicial Magistrate, Kishangarh, Ajmer (for short 'the learned trial Court') in criminal case No. 59/01, whereby it challenged the Judgment of acquittal for the offence under Ss. 337 and 338 IPC. Brief facts of the case are that complainant Teekam Chand submitted a parcha -bayan on 10.8.99 to this effect that on 9.8.99 he went for walk to Kishangarh. Near -about 9.00 PM in the night he after proceeding from Madanganj Housing Colony was going towards Railway Phatak. One Motor -cycle from Railway Phatak came with high speed and hit him from the side, the result of which he sustained injuries on his legs, head, chest etc. This mistake has occurred due to mistake of Mohan, who is owner of the motorcycle.

(2.) The police on the basis of this parcha -bayan, registered an FIR No. 276/99 for the offence under Ss. 279, 337 and 338 IPC and after investigation the Police submitted chalan against the accused respondents for the afore -mentioned offences.

(3.) The charges were read over and explained to the accused -respondents, who pleaded not guilty and claimed trial.