!! 1 !! IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CRIMNAL LEAVE TO APPEAL NO.127/2009 (State of Rajasthan Vs. Bhanwar Lal) Date of order :: 30.04.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.O.P. Singaria, Public Prosecutor. Heard learned Public Prosecutor. In this criminal leave to appeal, the State Government is challenging the judgment dated 18th January, 2008 passed by the learned Chief Judicial Magistrate, Sirohi in Criminal Case No.25/2003 whereby the learned Judge has acquitted the non-petitioner for the charges under Section 279, 337 and 338 IPC. I have perused the impugned judgment passed by the trial court. The learned trial court in its judgment !! 2 !! has held that as per statements of PW-2 Teja Ram and PW-3 Smt. Kali, there is no allegation against the non-petitioner for rash and negligent driving. If no allegation of rash and negligent driving is found in the statements of prosecution witnesses then, in my opinion, the learned trial court has not committed any error while acquitting the non- petitioner for the charges levelled against him for offence under Sections 279, 337 and 338 IPC. In this view of the matter, the judgment delivered by the trial court does not require any interference. Hence, this criminal leave to appeal is hereby dismissed. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/- A.K. Chouhan/-