1. 1. This is an appeal filed by the State of Rajasthan against the against the judgment and order dated 11.5.2006, passed by the Addl. Civil Judge (Jr. Dn.) & Judicial Magistrate No.4, Alwar in Criminal Case No.28/2006, whereby he acquitted the accused respondent from the offence under Section 279, 337, 338, 304-A Indian Penal Code.

2. The brief facts of the case are that an unfortunate road accident which had taken place on 2.4.1991 at 9.15 A.M. due to which, 8 persons have been lost their life.

3. The complainant Sukhveer P.W.2 gave a 'Parcha Bayan' Ex.P.2 at M.I.A., Alwar on 2.4.1991 stating therein that he was going in Joga Singh's Jeep from Alwar to Govindgarh, and on reaching Baggad Thihare Mod, one Jeep No. R.N.A. 638 in which his wife Chet Kaur, daughter Rikki, father-in-law Lahori, mother-in-law Geeta Devi, Fufi Sasur Niranjan and his wife Smt. Kailashwanti, brother-in-law Bhullan and his son and other passengers were sitting and one Maruti was also driven in the front. From the side of Thihara one Bus No. R.N.A. No. 339 came rashly driven. The Maruti Car saved itself and took side and the Bus hit Jeep R.N.A. 638, as a result, Chet Kaur, Rikki, Geeta and Jeep Driver died on the spot and Niranjan Lahori, Kailashwanti and Tinku are injured in serious condition. These four persons were admitted in the hospital died later on. The Driver of the Bus No. R.N.A. 339 was Ravi Kapoor who left the Bus and run away.

4. Upon the aforesaid incident, a case No. 119/91 for the offence under Section 304A Indian Penal Code was registered and investigation started.

5. After investigation the police filed a challan before the Court of Addl. Civil Judge (Jr. Dn.) & Judicial Magistrate No.4, Alwar The learned Magistrate has framed charges against the accused respondent for offence under Sections 279, 337, 338, 304-A Indian Penal Code.

6. The charges were read over and explained to the accused respondent who denied all the allegations and claimed for trial.

7. During trial, the prosecution in support of its case examined as many as eleven witnesses and got exhibited some documents. Thereafter, the statement of accused appellant were also recorded under Section 313 Criminal Procedure Code.

8. After hearing both the parties, the trial court passed the order dated 11.5.2006 and the accused respondent was acquitted from the offence under Section 279, 337, 338 & 304-A Indian Penal Code.

9. Aggrieved against the judgment and order of acquittal passed by the trial court dated 11.5.2006, the State of Rajasthan has preferred the present appeal with the prayer to quash the same.

10. In this appeal during the course of arguments, it has been submitted by the learned Public Prosecutor Mr. B.N. Sandu that the learned trial Court has not appreciated the statement of prosecution witnesses properly.

11. Mr. Sandu further contended that the trial Court has acquitted the accused respondent on the ground that the notice under Section 133 of the Motor Vehicles Act was not served upon the owner and the identification parade of the accused was not conducted. According to the evidence available on record it is clear from the statements of P.W. 2 Sukhdev and P.W. 4 Multan Singh were the eye-witnesses of the incident who said that the Bus Driver hit Jeep No. R.N.A. 638 and they identified the Bus Driver and Ravi Kapoor at the time of occurrence, the name of the accused respondent is also in the Parcha Bayan and they identified him in the Court also. In such a situation, non-serving of notice under Section 133 of the Motor Vehicles Act keeps no importance, as such, the accused is liable to be convicted.

12. The evidence of P.W. 7 Dr. Gopal who conducted the postmortem report of the deceased and prepared the injury report of the injured persons which proves that the accident took place and 4 persons have been died on the spot namely Chet Kaur, Rinki, Geeta and Jeep Driver (Farid) and rest of the 5 persons received serious injuries, out of which, four injured Niranjan,