STATE OF RAJASTHAN Vs. BALVINDER KUMAR

JUDGEMENT

(1.) THE State of Rajasthan has preferred this appeal against the Judgment and Order dated 12. 8. 1997 passed by Additional Chief Judicial Magistrate, Dosa District Dosa in Criminal Case No. 56/94 by which the accused respondent was acquitted for the offence under Sections 379, 304 (A) IPC and Sections 132/157, 134/159 Motor Vehicle Act.

(2.) THE brief facts of the case are that on dated 16. 2. 94 complainant Girdhari Lal has lodged a written report in police station Nangal Rajawatan in which he stated that his daughter Gulab get down from the bus on the Kothi of Joshiji. At about 4. 30 PM, a Roadways bus No. RJ-14-2875 is coming towards from Lalsot. THE driver of the bus was driving the bus rashly and negligently and hit to his daughter who was standing on the road side. THE accused respondent was driving the vehicle. Upon the said report police registered a case for the offence indicated hereinabove and after investigation filed the challan before the Additional Chief Judicial Magistrate, Dosa District, Dosa.

(3.) LEARNED Public Prosecutor Mr. B. N. Sandu has urged to this Court the learned trial Court has not proved the statement of the prosecution witnesses properly he has drawing the attention of this Court statement of the PW. 2 Harbai, PW. 5 Nandkishore, PW. 8 Birdichand and PW. 9 Narian who are the eye-witnesses of the incident and they have supported the prosecution story. He has further contended that the death of Mst. Gulab was due to rash and negligent driving of the vehicle, Roadways vehicle No. R. J. 14 P-2875.