FACTS : Gulam Meer was on 13-8-1951 driving a motor truck on the Anjad-Indore Road. One Mangalram was driving a passenger bus vehicle No. 1041 on the same road from the opposite direction. There were in the passenger bus among others two lady passengers (1) Laxmibai P.W. 2 and (2) Sundarbai P.W. 3, sitting with their elbows protruding outside the vehicle. When the truck driven by Gulam Meer passed by the side of the passenger bus, the two vehicles collided and caused injuries to the aforesaid lady passengers.

Both Mangalram and Gulam Meer were put up for trial before the Sub-Divisional Magistrate Anjad for offences under Sections 279 and 338, I.P.C. The Magistrate acquitted Mangalram but convicted Gulam Meer under Section 279, I.P.C. and sentenced him to pay a fine of Rs. 250. Gulam Meer appealed against his conviction and sentence to the Sessions Judge Nimar, who allowed the appeal and acquitted the respondent. The State has therefore preferred this appeal against his acquittal.

The Sessions Judge did not consider the merits of the case but acquitted the accused holding that as injuries were actually caused to the passengers the conviction of the accused under Section 279,