( 1 ) THIS Criminal Leave to Appeal u/s 378 (i) and (iii) Cr. P. C. has been directed against the judgment dated 20. 3. 1987 passed by the learned Munsif and Judicial Magistrate First Class, Dungala in Case no. 33/80 whereby he has acquitted the accused for the alleged commission of offences u/ss. 304-A and 337 IPC.

( 2 ) THE prosecution story in brief is that on 23. 2. 1980 Shri laxman Singh reported to the Police Station, Dungala that in the morning he heard some noise in his village that a truck has over-turned near Heera-Nada and some labourers sitting in the truck bearing No. R. S. Y. 500 got injuries and a girl namely Narayani, aged about 15 years has also died as her head squeezed under the truck. He has also reported that the said truck was being driven by Girdhari Singh.

( 3 ) ON this report, First Information Report was lodged and investigation commenced. The respondent-driver Girdhari Singh was arrested. The statements of 16 witnesses including the injured who were travelling in the truck were recorded. The challan was presented before the trial Court. The accused pleaded not guilt and was put to trial.

( 4 ) THE prosecution examined 16 witnesses before the Co