JUDGMENT

P.N.S. Chouhan, J. On 12.5.1984 at about 15.00 hours Jasodabai (P.W. 1) was going to her work at the 'pyaoo' near Jawar Jod. She had a bucket in her hand. A Metador No. MBI 9072 came from the side of Metwara and after crushing Josodabai broke down the barled wire fencing of the road-side plantation damaged the plants and stuck in the ditch. The incident was reported in P.S. Sonkatch by Murlidas at 16.30 hours, the same day vide F.I.R. Ex. P-1. He had taken Jasodabai also in another Metador to Sonkatch P.S. She was removed to Dewas and then to M.Y. Hospital, Indore where sire succumbed to her injuries on 14.5.1984. The scene of occurrence being within the jurisdiction of Jawar P.S. in Sehore District, the papers were transferred to that P.S. by Sonkatch police. Inquest was held and post mortem of the dead body was conducted by Dr. Riaz Hussain whose report is Ex. P-4, which is an admitted document. It is not in dispute that Jashodabai died of injuries sustained in the said accident. The respondent, accused denied his presence in the vehicle at the time of the accident though his driving licence was amongst the documents that were seized from the metador. He also denied his