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2004 Supreme(Raj) 1400

HARBANS LAL
State of Rajasthan – Appellant
Versus
Anju Saxena – Respondent


Advocates:
For the State-Appellant: Pratap Singh, P.P.
For the Accused-Respondent:Anoop Dhand, Advocate.

JUDGMENT

1. - This criminal appeal by the State under Section 378 Cr.PC. is 1 directed against the judgment dated 16.2.2001 passed by the learned Chief Judicial Magistrate, Reengus in Criminal Case No. 210/96 whereby, accused-respondent Smt. Anju Saxena has been acquitted of the offence under Section 279, 337 and 338 IPC and Section 134/187 of the Motor 5 Vehicles, 1988.

2. The prosecution case in nutshel is that on 23.5.1996 at about 10.15 A M. one Jagan Singh PW-1 was hit from behind by a Maruti Car No. RJ-14-C-4694 as a result of which his right foot was fractured, besides sustaining other injuries. Madan Lal PW-2 made a report in this regard at Police Station Reengus herein, he alleged that Maruti Car No. RJ-14-C-4694 came from the side of Sikar at a fast speed and dashed against his uncle Jagan Singh coming on the wrong side and accident occurred due to the negligence of the car driver. An FIR No. 136/1996 came to be registered and after completion of investigation charge sheet as filed against the accused-respondent. At the trial, accused-respondent denied the charges and claimed to be tried. The prosecution examined eight witnesses and got exhibited three documents in support















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