A.M. Badar, J.

1. This is an appeal filed by the State challenging the judgment and order passed by the learned J.M.F.C., Tasgaon, District Sangli in Summary Criminal Case No.219/1996 decided on 21st September, 1998, thereby acquitting the accused for offences punishable under section 304A of the Indian Penal, 1860 and section 184 of the Motor Vehicles Act, 1988.

2. Facts in brief leading to the institution of the present case can be summarised as under:-

(a) PW1 Shankar Ekanath Patil is the maternal grandfather of deceased Banti @ Sadhana Sankpal. He set the criminal law in motion on 28th February, 1996 alleging that by rash and negligent driving of the jeep bearing registration No.MH-10/C-366, the respondent/accused caused the death of said Banti @ Sadhana Sankap, a child, aged about 1½ years.

(b) According to the prosecution case, the daughter of informant Shankar Patil came to his house for the purpose of delivery. She was accompanied by her children. On 28th February, 1996 on of her child namely, Banti was playing in the vicinity of the house of her maternal grand-father Shankar Patil (PW1). At that time, a jeep bearing registration No.MH-10/C-366 driven by respondent-ac