Cr.MPM No.371/2009 22.06.2009 Present: Mr. Ramesh Thakur, Assistant Advocate General, for the petitioner. State has sought leave to appeal against the judgment, dated 12th November, 2008, of the Additional Chief Judicial Magistrate, Sarkaghat, whereby respondent Suresh Kumar, who was tried for offences, under Sections 279, 337 and 338 of the Indian Penal Code, has been acquitted. From a perusal of the judgment of the trial Court, as also the record of the trial Court, it appears that the cause of accident was skidding of the scooter, at the site of the accident. It has come in the evidence that a Jeep was parked, near the site of the accident, by the side of the road, and when the scooter reached near that site, it skidded and hit PW-4 Ishwar Dass, as a result of which he sustained fracture of his leg. Nobody stated that the scooter was being driven in a rash or negligent manner or at a fast speed. Three persons, claiming to be eye-witnesses, namely PW-1 Bakshi Ram, PW-2 Beena Devi and PW-4 Ishwar Dass (injured), were examined, who stated that they saw the scooter skidding. They did not say what was the cause of skidding of the scooter. In view of the abovestated position, I do not find any merit in the present petition for leave to appeal. Hence, the same is dismissed. June 22, 2009(sd) (Surjit Singh), J.