SUNIL KUMAR GARG,J. - (1.) This appeal has been filed by the State of Rajasthan against the judgment and order dated 25.3.87 passed by the Learned Munsif and Judicial Magistrate, First Class, Sardarshahar in Criminal Case No. 21/86 by which the learned Magistrate acquitted the accused-respondent for the offence under Section 279 and 304A IPC.
(2.) This appeal arises in the following circumstances : (i) That on 8.1.86 at about 3.30 p.m. P.W.1 Harman lodged an oral report in the police station, Sardar Shahar, Dist. Churu Ex.P/1 stating that on that day at about 11-12 a.m., he and other persons P.W.2 Para and Lalu Ram aged 12 years (deceased) were doing the job of putting soil near Bhadsar as road was being constructed. At that time, two trucks came from the side of Sardar Shahar and they were going towards the side of Bikaner and deceased after putting "Tasla" of soil on his head had gone towards Tiba, when out of the two trucks, one had passed and other truck bearing No.RNG 331, was being driven by the accused appellant and the deceased was run over by said truck and died, in other words the deceased struck himself with left side of the truck. (ii) After investigation, challan was filed against the accused respondent for offence under Sections 279 and 304A I.P.C.
(3.) The learned Judicial Magistrate read over the contents for offence under Section 279 and 304A I.P.C. on 3.4.86 to the accused, who pleaded not guilty and claimed trial.;