1. The accused Sunderlal was a driver plying the passenger motor vehicle No. M.B.K. 1188 from Double Choki to Indare, on 9-11-1951. The vehicle left Double Choki on the aforesaid date at about 7-30 P.M. for going to Indore with about 8 or 10 passengers. The vehicle dashed against a culvert which is at a distance of 7 miles and 144 ft. from Indore and was upset down.

Two passengers P.W. Ramprashad and P.W. Bholaram received injuries in this incident. Both of them lodged separate reports at the Khudel Police Station. P.W. Bholaram lodged his report immediately after the occurrence and it is exhibited as D/1. P.W. Ramprashad wrote a letter to the Police Officer Khudel on 11-11-1951 which is exhibited as P/1. The separate prosecutions were launched by the Police Khudel before the Sub Divisional Magistrate First Class Indore. One of these being Criminal Case No. 875 of 1951 was based on the report D/1 given by P.W. Bholaram. The accused in this case was prosecuted for a breach of the provisions of Motor Vehicle Rules No. 117, 123, 89/112 and was at the end of the trial acquitted by the Magistrate by his order dated 11-7-1952.

The other prosecution was instituted on 18-12-1951 for a