W.M.SAMBRE,J. - (1.) AGGRIEVED by the Judgment and Order of acquittal passed by the Judicial Magistrate First Class, Court No. 2, Nagpur, on 4-5-1988, in criminal case No. 296/ 83, acquitting the accused for the offence punishable under Section 304A and 337 of the Indian Penal Code, the appellant-State has filed this appeal.
(2.) THE main contention of the appellant-state is that the accused-respondent, who is the driver of the truck bearing No. MHS-1062, was driving the said truck in a rash and negligent manner at about 10.00 A.M. on 22-8-1983 and gave a dash to a girl named Aparna aged about 12 years who sustained injuries and subsequently expired, and also gave a dash to one Murlidhar, a cyclist, who also sustained injuries. The matter was reported to the Police Station, Sitabuldi, Nagpur and after completion of the investigation, charge sheet came to be filed against the accused. The prosecution examined in all give witnesses and learned Trial Court, relying upon the evidence of P.W. 3 Motor Vehicles Inspector that the accident might have occurred due to mechanical defects in the vehicle, acquitted the accused. It is contended that this order of acquittal passed by the learned Magistrate is improper and illegal. The appellant further contended that even on the basis of the evidence of Murlidhar, who also sustained injuries, the conviction was required to be awarded. It is also contended that even though the said truck was driven at a high speed and in a negligent manner by the accused-driver, the learned Magistrate has given advantage of mechanical defect, which was improper. It is also contended that it was the duty of the driver to keep the truck in a fit condition before the same is put on the road.
(3.) IT is pertinent to note that the incident occurred on 22-8-1983 at about 10 A.M. at Shankar Nagar, Nagpur. On the basis of the report lodged, the P.S.I, visited the spot and after drawing spot panchanama and inquest panchanama on the dead body, the dead body was sent to medical college for postmortem examination. Thereafter, the first information report came to be lodged.;