DALAPATBHAI RAMESHBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved with such judgment and order of conviction, the accused has preferred this appeal, inter alia, on the ground that learned trial Court has committed serious error of facts and law in convicting him and has not considered the fact that the witnesses have improved their version and have stated facts, in their deposition, which were not mentioned before police, at the time of recording of their statement by the police. He has also contended that there was no motive on the part of the accused and it was really an accident as there were number of persons in the tempo, they were enjoying as there was festival of Holi and, in joyous mood they came on one side of the tempo and as there was sloppy road, the tempo turned turtle and there was no negligence or rashness on the part of the accused. He has prayed to allow present appeal by quashing and setting aside the impugned judgment. He, however, admitted that due to fear of mob attacking him, he ran away from the place of accident.

(2.) On registration of the FIR, the Investigating Officer started investigation. During the investigation, the accused was arrested and the Investigating Officer has recorded the statements of various witnesses and prepared necessary panchnama thereof and got documentary evidence.

(3.) After completion of investigation, the police has filed charge-sheet before the concerned Judicial Magistrate, First Class for the alleged offences. Thereafter, as the offence was exclusively triable by the Court of Sessions, the learned Judicial Magistrate has committed the case under Section 209 of the Criminal Procedure Code to the Court of Sessions wherein it was registered as Sessions Case No.27 of 2011.