STATE OF RAJASTHAN Vs. RAM GOPAL

JUDGEMENT

(1.) THIS leave to appeal has been filed by the State of Rajasthan against the judgment dated 13.12.2007 passed by the Addl. Chief Judicial Magistrate, Shahpura, Jaipur District whereby the accused respondent Ram Gopal has been acquitted of the offence under Sections 279, 337, 338 and 304A IPC.

(2.) BRIEF facts of the case are that the complainant Nagar Mal Meena along with his family members were travelling in a vehicle bearing registration No. GJ -16C -5680. The vehicle was being driven by respondent Ram Gopal. At about 10.00 in the night the vehicle met with an accident. It over turned after colliding with the pole as a result of which one of the passengers Hari Ram died and rest of the passengers sustained simple and grievous injuries on their person. On the basis of the complaint submitted by the complainant Nagar Mal, the police registered a case under Sections 279 and 337 which resulted in filing of challan against the respondent under Sections 279, 337, 338 and 304A IPC. Substance of the charges was read over to the respondent who denied the same, pleaded not guilty and claimed trial. To prove its case, the prosecution examined 9 witnesses and got exhibited some document. In' his statement under Section 313 Cr.P.C. the case of the respondent was of denial of the allegations. However, no evidence was led in defence.

(3.) HEARD learned P.P. as well as learned Counsel for the accused respondent and perused the material and evidence available on the record of the case and also the provisions of Section 378 Cr.P.C.