JUDGMENT : This is an appeal filed on behalf of the State, praying for the reasons mentioned therein, that the judgment passed by the learned Magistrate, Mapuca, acquitting the respondent-accused of the offences charged under sections 304A and 337 of the I. P. C. be set aside.

2. The charge against the respondent-accused was that on 9th November 1966 at about 8.30 p.m. he drove jeep no. GDA 3634 in a rash and negligent manner resulting in the death of Charles Silveira, one of the occupants, and also injuries to four other occupants. The respondent-accused pleaded not guilty to this charge. He led no evidence.

3. The prosecution examined witnesses Antonio de Souza (PW 1), Errol Mathias (PW 3), Roberto Dias (PW 4), Rullan Pereira (PW 5), Thomas D'Souza (PW 6) and Sub. Insp. Leonce Gracias (PW 7), in support of the charge. It may be stated that the powers of the High Court in an acquittal appeal are not different from the powers in hearing an appeal against conviction. It may also be stated that an accused starts with a presumption of innocence in his favour, and that this presumption is reinforced by an acquittal judgment This is a well-settled principle. The requirements of section 3

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