R. K. DAS, J.

( 1 ) THIS is an appeal by the State of Orissa against an order dated 28-6-1961 passed by Sri P. B. Das, Magistrate, First Class in G. R. Case No. 1215 of 1961, acquitting the accused-respondent of a charge under Section 304-A, Indian Penal Code.

( 2 ) THE case against the accused was that on 19-12-1960 at about 4 P. M. , the respondent-accused while driving the motor vehicle No. ORN. 1615 rashly and negligently caused the death of an old woman Randei Mundani. A prima facie case having been made out after investigation, charge-sheet was submitted against the accused on 8-2-1961 under Section 279/304-A, I. P. C. After several adjournments on account of the absence of the accused the case was fixed to 4-4-1961, when ultimately the accused appeared and the case was transferred to the file of the aforesaid Magistrate. On 9-5-1961 a charge under Section 304-A was framed against the accused to which he pleaded not guilty, and the Magistrate directed issue of summons for the prosecution witnesses fixing 25-5-1961. On 25-5-1961 the service returns were not back and so the case was again posted to 13-6-1961 on which date the prosecuting officer reported to the court that non