STATE OF RAJASTHAN Vs. BALUSINGH

JUDGEMENT

(1.) This is a State Appeal under section 178 (1) Cr. P. C. against the judgment of the learned Munsif Magistrate, Deedwana, dated Jan. 21, 1976 acquitting the accused respondent of the offence under section 304 A of the Indian Penal Code.

(2.) In brief, the case of the prosecution is that on 23-11-69 at about 1.30 p. m, Moti PW 7 was returning from village Kusimbi, to his village Bherasar and two girls deceased Sarbati and one more were also with him. All of them were on foot and when they were on their left hand at one end of the road, the accused came from the opposite direction driving a bus No. RJI 831. The front side of the bus struck Sarbati who was run over and thereafter died as a result of the injuries. A report of the incident Ex. P2 was lodged by Moti PW 7 in the police station Ladnu district Nagaur on the same day at 2.00 p. m. the distance of the police station being one mile from the place of occurrence. The S. H. O. came on the spot and after investigation, the bus was seized and was sent for mechanical examination. Padara Singh PW 4, the Motor Transport Officer examined the bus and found that there were marks of accident in the front side mudguard, the glass of the right hand headlight was broken, foot brakes were not in perfect working order and only worked at two pedals. Post-mortem examination of the dead body of the deceased was held and many injuries were found on her person. In the opinion of the doctor contained in Ex. P6, the deceased died because of laceration of brain due to the injury to the skull.

(3.) A charge under section 304 A, I. P. C. was framed against the accused who pleaded not guilty to the charge and claimed to be tried. After the evidence of the prosecution was recorded, the accused was examined under section 313 Cr. P. C to explain the evidence against. The accused even denied that he was driving the vehicle. He examined two witnesses namely, Bholaram DW 1 and Hiraram DW 2.