S.B. Criminal Appeal No. 751/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT State of Rajasthan Versus Prem Singh S.B. CRIMINAL APPEAL NO. 751/2009 Date of Judgment : 01.12.2010 PRESENT HON'BLE MR. JUSTICE KAILASH CHANDRA JOSHI Ms. Chandralekha – Public Prosecutor for the State BY THE COURT This appeal has been preferred by the State against the judgment of acquittal dated 05.06.2009 passed by learned Chief Judicial Magistrate, Sirohi in Criminal Case No. 233/2001, by which the learned trial court acquitted respondent Prem Singh from the charges of offence under Section 279, 304-A IPC. The facts of the case in nutshell are that on 01.03.2001 at 4.00 p.m., on the basis of the First Information Report (Ex.P.5) lodged by Ramesh Soni, a Criminal Case No. Page 1 of 5 S.B. Criminal Appeal No. 751/2009 45/2001 under Section 279, 304-A IPC was registered and the investigation commenced. The report stated the fact that the driver of bus No. RJ-19-P-4295 while driving the above bus rashly and negligently caused an accident and due to that accident, one Pratap Ji Soni died on the spot. After due investigation charge-sheet was presented in the competent court against respondent Prem Singh for the offence under Section 279 and 304-A IPC. The respondent was charged for the offence under Section 279 and 304-A IPC. The prosecution examined 12 witnesses, namely, P.W.1 Amrit Lal, P.W.2 Ramesh Soni, P.W.3 Govind Kumar, P.W.4 Ramesh Soni S/o Bhubaji, P.W.5 Pramod Kumar Sharma, P.W.6 Pyare Mohammed, P.W.7 Suresh Kumar, P.W.8 Dungar Singh, P.W.9 Achal Singh, P.W.10 Dr. Anil Choudhary, P.W.11 Khima Ram and P.W.12 Durga Ram. The incriminating evidence adduced against the respondent was put to him for explanation under Section 313 CrPC. The accused produced no evidence in his defence. The learned trial court after hearing both the parties acquitted the accused respondent from charges mentioned above. On filing the appeal by the State, vide order dated Page 2 of 5 S.B. Criminal Appeal No. 751/2009 30.11.2009 leave to appeal was granted to the State and the appeal was admitted and accused-respondent Prem Singh was summoned by bailable warrant. In spite of the service of the bailable warrant on accused-respondent Prem Singh, he did not appear in the court. Heard learned Public Prosecutor for the State. Learned Public Prosecutor contended that the learned trial court erred in acquitting the accused-respondent and in appreciation of the evidence. She further contended that from the statement of the eye-witnesses the offence under Section 279 and 304-A IPC is proved against the respondent, therefore, the order of the learned trial court be set aside and the accused-respondent be convicted for the commission of offence under Section 279 and 304-A IPC. I have perused the evidence as well as the judgment passed by the learned trial court. Out of the 12 witnesses examined by the prosecution, P.W.1 Amrit Lal was examined as eye-witness of the case. Although the learned trial court disbelieved the Page 3 of 5 S.B. Criminal Appeal No. 751/2009 evidence of this witness on the ground that he did not disclose his presence on the scene of occurrence in the police statement, but as per the cross-examination of this witness, he was not contradicted with his earlier statement recorded under Section 161 CrPC. However, on perusal of the statement of P.W.1 Amrit Lal, the same is very vague because he stated in his cross-examination that the speed of the vehicle was 60 to 70 km per hour. As per the site memo (Ex.P.1) prepared by the Investigating Officer, the accident took place near the Mandwa village and the place of the accident was 3 kms. Away from Sirohi on the road running from Sirohi to Shivganj. At the place of the incident, the road was 24 ft. wide having a patri of 3.5 ft. on each side and as per the site memo (Ex.P.1), the accident took place on the left side of the road. The Investigating Officer could not depose in his evidence that from the dead body of the deceased at what distance the bus stopped after the accident so that the speed of the vehicle could be determined by the court on the appreciation of the facts mentioned in Ex.P.1. The statement of P.W.1 Amrit Lal is vague regarding the rashness and negligence on the part of respondent Prem Singh. P.W.2 Ramesh Soni, P.W.3 Govind Kumar, P.W.4 Ramesh Soni S/o Bhubaji are not the eye-witnesses and P.W.5 Pramod Kumar Page 4 of 5 S.B. Criminal Appeal No. 751/2009 and P.W.8 Dungar Singh did not corroborate the prosecution story and the other witnesses are not the eye-witnesses of the incident. In view of the fact that P.W.1 Amrit Lal deposed very vague statement regarding rashness and negligence on the part of the respondent, therefore, his statement regarding the criminal liability for driving the vehicle rashly and negligently does not inspire faith and confidence. In view of the discussion made above, the appreciation of evidence made by the learned trial court is just and proper and the order of acquittal recorded by the learned trial court does not suffer from any infirmity or illegality and the same deserves to be affirmed. Resultantly, this appeal filed by the State against the judgment of acquittal dated 05.06.2009 passed by learned Chief Judicial Magistrate, Sirohi in Criminal Case No. 233/2001 is dismissed. [KAILASH CHANDRA JOSHI],J. Pramod Page 5 of 5