JAS RAJ CHOPRA, J. - (1.) THE State appeal is directed against the judgment of the learned Addl. Munsif and Judicial Magistrate, Partapgarh dated 3 -12 -1977 where by the learned lower court has acquitted the accused respondent Prem Singh of the offences under Sections 304A, 279 and 337, IPC.
(2.) THE facts of this case briefly stated are that on 29 -3 -1973, accused Prem Singh was driving Bus No. RJH 800 coming from Ratlam to Partap Garh. PW 14 Mohd. Bux was its conductor. At about 5.30 p.m., when the bus reached near the village Satmudi, it was stopped by the natives of the village in order to collect some money on the occasion of Holi. The Driver Prem Singh refused to pay them any money saying that he has no money what so. ever. It is alleged that thereafter, the accused without giving any horn and without giving any indication that he is going to start the bus was started the bus, which over -ran the deceased Jeevla and injured one Phoolji, who has been examined as PW 13. The report of the incident was lodged at Police Station, Aalamgarh by one Arjun Bheel who happens to be the nephew of the deceased. This report has been marked Ex. P 6, on the basis of which, a case under Section 304A IPC was registered. The site was inspected and inquest memo was prepared. The post -mortem examination of the dead body was got conducted and the injuries of injured Phoolji were also got examined. The post -mortem report has been marked Ex. P 15 and the injury report of Phoolji has been marked Ex. P 16. After usual investigation the case against the accused was challaned in the learned lower court. The learned lower court charged the accused with offence under Sections 304A, 279 and 337. IPC. The accused did not plead guilty to the charges and claimed trial where upon the prosecution examined as many as 16 witnesses in support of its case. The statement of the accused was recorded under Section 313, Cr.PC and thereafter, two more witnesses were examined, they are PW 17 Abdul Rahman and CW 1 Mangi Lal. The statement of the accused was again recorded under Section 313, Cr.PC. He led no defence.
(3.) AFTER hearing the final arguments of the parties, the learned lower court acquitted the accused respondent Prem Singh as aforesaid. Hence this appeal by the State.;