STATE Vs. KAVARAM

JUDGEMENT

(1.) This appeal is directed against the Judgment dated Feb. 6, 1980, of the Judicial Magistrate No. 2, Jodhpur, acquitting the accused respondent for the offence under Sec. 304-A and 279 I.P.C. and Sec. 3/112 of the Motor Vehicles Act, 1939.

(2.) The case is more than 12 years old. According to the prosecution, it was on July 5, 1977, that an accident took place by truck No. R.J.J. 304 near Nana house on the High Court Road. Jodhpur, resulting in the death of Raj Kumar, a boy, aged 13 years. As per the prosecution, a marriage-party was staying in the Nana House. At about 2 A.M., in the night, the above truck came from the Raikabagh side and hit the boy, who came under the wheels and died at the spot. The truck was stopped after covering a distance of 20-25 ft. The accused was apprehended and was taken to the police station. The first information report of the occurrence was lodged by Chetan Dass, the same night, at 2.10 A.m. at the police station Udaimandir, Jodhpur, where a case under Sec. 304-A, I.P.C. was registered.

(3.) After investigation, the accused was challaned, tried and acquitted by the learned Magistrate as aforesaid. The learned Magistrate has acquitted the accused on the ground that the prosecution failed to establish that the accused was driving the vehicle rashly and negligently. The learned Magistrate has also said that the offence under Sec. 3/112 of the Motor Vehicles Act was also not made not.